43 Cal. 2d 147 - Bradner. v. Vasquez’s Empirical Analysis
1954
Citation profile
3 federal appellate · 50 state decisions
How this case has been cited
Cited by 53 later decisions — most recently May 2011 · most notably 67 Cal. App. 3d 19 - Main v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1977), 69 Cal. 2d 17 - Trafton v. Youngblood (1968)
3 federal appellate · 50 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 Smellie v. Southern Pacific Co. · In Re Estate of Cover · Westberg v. Willde · Scott v. Burke · 20 Cal. 2d 585 - Speck v. Sarver
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 53 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““When a fiduciary enters into a transaction with a beneficiary whereby the fiduciary’s position is improved, or he obtains a favorable opportunity, or where he otherwise gains, benefits, or profits, it may fairly be said that an advantage has been obtained. To declare that the advantage obtained must be shown to be unfair, unjust, or inequitable before the presumptions arise would result in the imposition of a condition which is not required by section 2235.” (See, also, Rader v. Thrasher, 57 Cal.2d 244, 250 [ 18 Cal.Rptr. 736 , 363 P.2d 360 ].)”
1 later decision quote this exact passage““All transactions between a trustee and his beneficiary during the existence of the trust, or while the influence acquired by the trustee remains, by which he obtains any advantage from his beneficiary, are presumed to be entered into by the latter without sufficient consideration, and under undue influence. ’ ’”
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.