Kauffman v. De Mutiis’s Empirical Analysis
1948
Citation profile
54 state decisions
How this case has been cited
Cited by 54 later decisions — most recently January 2012 · most notably 57 Cal. 2d 346 - People Ex Rel. Dept. of Public Works v. Donovan (1962), 47 Cal. 3d 966 - People v. Toro (1989)
54 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 Mazzotta v. Los Angeles Railway Corp. · 14 Cal. 2d 612 - Slemons v. Paterson · Koyer v. McComber · 10 Cal. 2d 538 - Fennessey v. Pacific Gas & Electric Co. · McGuire v. Drew
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 54 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“... where a situation arises which might constitute legal surprise, counsel cannot speculate on a favorable verdict. He must act at the earliest possible moment for the `right to a new trial on the ground of surprise is waived if, when the surprise is discovered, it is not made known to the court, and no motion is made for a mistrial or continuance of the cause.' [Citations.]”
2 later decisions 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.