Arnold v. Browne’s Empirical Analysis
1972
Citation profile
14 federal appellate · 6 district · 58 state decisions
How this case has been cited
Cited by 88 later decisions — most recently March 2013 · most notably 25 Cal. 3d 124 - Reynolds Metals Co. v. Alperson (1979), Dewitt Truck Brokers, Inc. v. W. Ray Flemming Fruit Co. (1976)
14 federal appellate · 6 district · 58 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on 3 Cal. 2d 427 - Crawford v. Southern Pacific Co. · 47 Cal. 2d 792 - Automotriz Del Golfo De California v. Resnick · 20 Cal. 2d 839 - Stark v. Coker · Minifie v. Rowley · Associated Vendors, Inc. v. Oakland Meat Co.
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 88 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"Among the possible factors pertinent to the trial court's determination are: commingling of funds and other assets, failure to segregate funds of the separate entities, and the unauthorized diversion of corporate funds or assets to other than corporate uses; the treatment by an individual of the assets of the corporation as his own; the failure to obtain authority to issue or subscribe to stock; the holding out by an individual that he is personally liable for the debts of the corporation; the failure to maintain minutes or adequate corporate records and the confusion of the records of the separate entities; the identical equitable ownership in the two entities; the identification of the equitable owners thereof with the domination and control of the two entities; identification of the directors and officers of the two entities in the responsible supervision and management; the failure to adequately capitalize a corporation; the absence of corporate assets, and un-dercapitalization; the use of a corporation as a mere shell, instrumentality or conduit for a single venture or the business of an individual or another corporation; the concealment and misrepresentation of the identity of the responsible ownership, management and financial interest or concealment of personal business activities; the disregard of legal formalities and the failure to maintain arm's length relationships among related entities; the use of the corporate entity to procure labor, services or merchandise ”
5 later decisions quote this exact passage““In any action on a contract, where such contract specifically provides that attorney’s fees and costs, which are incurred to enforce the provisions of such contract, shall be awarded to one of the parties, the prevailing party, whether he is the party specified in the contract or not, shall be entitled to reasonable attorney’s fees in addition to costs and necessary disbursements. “Attorney’s fees provided for by this section shall not be subject to waiver by the parties to any contract which is entered into after the effective date of this section. Any provision in any such contract which provides for a waiver of attorney’s fees is void. “As used in this section ‘prevailing party’ means the party in whose favor final judgment is rendered.””
1 later decision quote this exact passage““ ‘ “[b]efore a corporation’s acts and obligations can be legally recognized as those of a particular person, and vice versa, it must be made to appear that the corporation is not only influenced and governed by that person, but that there is such a unity of interest and ownership that the individuality, or separateness, of such person and corporation has ceased, and that the facts are such that an adherence to the fiction of the separate existence of the corporation would, under the particular circumstances, sanction a fraud or promote injustice.” ’ ” Quoting Arnold v. Browne, 27 Cal.App.3d 386 , 103 Cal.Rptr. 775 (1972) (overruled on other grounds). See also Minifie v. Rowley, 187 Cal. 481 , 202 P. 673 (1921).”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.