46 Cal. 2d 99 - Solot v. Linch’s Empirical Analysis
1956
Citation profile
43 state decisions
How this case has been cited
Cited by 45 later decisions — most recently July 2010 · most notably 23 Cal. 3d 630 - Dew v. Appleberry (1979), Turner v. Allen (1961)
43 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 Hess v. Pawloski · City of Long Beach v. Payne · 118 Cal. App. 2d 700 - People v. Superior Court · 124 Cal. App. 2d 39 - Castagnoli v. Castagnoli · Scorza v. Deatherage
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 45 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Service by publication and mailing a copy of the complaint and summons is not personal service [citation], however, and by reason of this fact appellant contends that under section 473 of the Code of Civil Procedure he is entitled to be relieved from the default as a matter of right without further showing than that he was not personally served. ... But the provision is not designed to afford relief from a judgment which may be validly entered upon constructive service to those who with full knowledge of such service upon them, by reason of receipt of a copy of the summons and complaint through the mail, remain inactive. [Citations.]”
1 later decision quote this exact passagee.g. Batchelor v. Finn“Relief from default under section 473a of the Code of Civil Procedure is predicated upon the assumption that personal jurisdiction of the defendant has not been obtained. (Gardner v. Gardner, 72 Cal.App.2d 270, 272 [ 164 P.2d 500 ].) Its purpose is clearly to give relief to a defendant who has had only constructive, rather than actual, notice of the action against him.”
1 later decision quote this exact passagee.g. Batchelor v. Finn““[Answer of defendant not served] When from any cause the summons in an action has not been personally served on the defendant, the court may allow, on such terms as may be just, such defendant or his legal representatives at any time within one year after the rendition of any judgment in such actions to answer the merits of the original action.””
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.