Public-domain · open source
OpenJurist
← 40 Cal. 2d 583 - Martin v. Henderson

40 Cal. 2d 583 - Martin v. Henderson’s Empirical Analysis

1953

Citation profile

73
cited by 73 later decisions
4
states following
August 2016
most recently cited

73 state decisions

How this case has been cited

Cited by 73 later decisions — most recently August 2016 · most notably 18 Cal. 3d 808 - Miller v. State of California (1977), Abbott v. City of Los Angeles (1958)

73 state decisions

1901953196019701980199020002010decided

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 23 Cal. 2d 719 - Maguire v. Hibernia Savings & Loan Society · Farrell v. County of Placer · 37 Cal. 2d 634 - Boren v. State Personnel Board · Dillon v. Board of Pension Commissioners · Times-Mirror Co. v. Superior Court

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

  1. “It is true that a demurrer assumes the truth of the facts alleged in the complaint, and it is also true that a contract may ordinarily be pleaded by its legal effect. Implicit in plaintiff's allegations, however, is the claim that the State Personnel Board had authority to promise on behalf of the state that plaintiff would not be required to serve elsewhere than in Southern California. Since the board's authority is governed by the Constitution and by the Civil Service Act ... the scope of that authority is a question of law and may properly be considered on demurrer.... The terms and conditions of civil service employment are fixed by statute and not by contract.... The statutory provisions controlling the terms and conditions of civil service employment cannot be circumvented by purported contracts in conflict therewith....”
    1 later decision quote this exact passage
  2. “... determine that a state officer or employee, in the absence of specific statutory authority, is entitled to a cash payment for accrued overtime upon separation from service, they are disapproved.”
    1 later decision quote this exact passage
  3. “The fact that normal hours of work are established and compensating time off is provided for work beyond those hours does not, of itself, give the employee a right to payment for overtime.”
    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.