4 Cal. App. 4th 749 - Thibodeau v. Crum’s Empirical Analysis
1992
Citation profile
4 federal appellate · 42 state decisions
How this case has been cited
Cited by 62 later decisions — most recently August 2017 · most notably 21 Cal. 4th 815 - Vandenberg v. Superior Court (1999), 61 Cal. 4th 813 - DKN Holdings LLC v. Faerber (2015)
4 federal appellate · 42 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
Applies 11 U.S.C. § 1101 · 11 U.S.C. § 362
Relies on Federated Department Stores, Inc. v. Moitie · 19 Cal. 2d 807 - Bernhard v. Bank of America National Trust & Saving Association · 32 Cal. 2d 13 - Jorgensen v. Jorgensen · 15 Cal. 2d 195 - Sutphin v. Speik · Kriegler v. Eichler Homes, Inc.
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 62 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Although it is true that an arbitration award is not a judgment having the same force and effect as a judgment in a civil action until it is confirmed,... it is, nevertheless, the final and binding decision or judgment of the arbitrator in the exercise of his quasi-judicial function to determine the disputed matters referred to him by the parties to the submission .... It is a recognized principle that an arbitration award is conclusive on matters of fact and law. ...[W]e conclude that the essential adjudication in an arbitration proceeding is the award. The function of the court is limited to confirming the award as made, or to correct and confirm it as corrected, or to vacate it within the limitations and as provided by the [California] statutes. Trollope v. Jeffries, 55 Cal.App.3d 816 , 128 Cal.Rptr. 115, 119-20 (1976).”
1 later decision quote this exact passage“Once a valid award is made, with the submission upon which it is founded it becomes the sole basis for any further determination of the rights of the parties with respect to any demands embraced in the submission, and the latter are merged and extinguished in the award. The award is conclusive on matters of fact and law, and all matters in the award are thereafter res judicata, on the theory that the matter has been adjudged by a tribunal which the parties have agreed to make final, a tribunal of last resort for that controversy.”
1 later decision quote this exact passage“[T]he Kahn court did not hold that an unconfirmed arbitration award can never have a res judicata effect but only that it would not have such an effect under the particular circumstances of that case. We conclude that, under the particular circumstances of this case, the unconfirmed arbitration award should have a res judicata effect.”
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.