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← 39 CAL2D 708 - Tolman v. Underhill

Tolman v. Underhill’s Empirical Analysis

1952

Citation profile

95
cited by 95 later decisions
3
states following
August 2014
most recently cited

94 state decisions

How this case has been cited

Cited by 95 later decisions — most recently August 2014 · most notably 16 Cal. 3d 392 - Agricultural Labor Relations Board v. Superior Court (1976), 60 Cal. 2d 276 - Professional Fire Fighters, Inc. v. City of Los Angeles (1963)

94 state decisions

3301952196019701980199020002010decided

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 Ex Parte Daniels · 20 Cal. 2d 366 - Pipoly v. Benson · 24 Cal. 2d 912 - Collins v. Riley · Eastlick v. City of Los Angeles · 39 Cal. 2d 676 - Pockman v. Leonard

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 95 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “Where the Legislature has adopted statutes governing a particular subject matter, its intent with regard to occupying the field to the exclusion of all local regulation is not to be measured alone by the language used but by the whole purpose and scope of the legislative scheme.”
    6 later decisions quote this exact passage
  2. “If the State statute contains no outright declaration of [ 161 Cal.App.2d Supp. 869 ] intention with respect to local regulation, the determination 'of the question whether the Legislature has undertaken to occupy exclusively a given field of legislation depends upon an analysis of the statute and a consideration of the facts and circumstances upon which it was intended to operate' (Tolman v. Underhill, 39 Cal.2d 708, 712 [ 249 P.2d 280 ]).”
    3 later decisions quote this exact passage
  3. “[I]t is well settled that local regulation is invalid if it attempts to impose additional requirements in a field which is fully occupied by statute.”
    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.