Miscione v. Barton Development Co.’s Empirical Analysis
1997
Citation profile
2 district · 22 state decisions
How this case has been cited
Cited by 28 later decisions — most recently March 2017 · most notably People ex rel. Lockyer v. R.J. Reynolds Tobacco Co. (2003), 65 Cal. App. 4th 1469 - Principal Mutual Life Insurance v. Vars, Pave, McCord & Freedman (1998)
2 district · 22 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 9 Cal. 4th 275 - Flatt v. Superior Court · 5 Cal. 4th 363 - Roberts v. City of Palmdale · 32 Cal. App. 4th 248 - Ferrari v. Grand Canyon Dories · 228 Cal. App. 2d 605 - Hohn v. Riverside County Flood Control & Water Conservation District · 220 Cal. App. 3d 1494 - Dover Mobile Estates v. Fiber Form Products, 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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The first step of the review begins with an analysis of the pleadings, because ‘[t]he pleadings define the issues to be considered on a motion for summary judgment.’ [Citation.] We next evaluate the moving defendant’s effort to meet its burden of showing that plaintiff’s cause of action has no merit or that there is a complete defense to it. Once the defendant has met that burden, the burden shifts to the plaintiff to show that a triable issue of material fact exists as to its complaint. If the filings in opposition raise triable issues of material fact the motion must be denied; if they do not, the motion must be granted[.] [Citations.]” 17 “An ‘assertion . . . based solely on conjecture and speculation’ is insufficient to avoid summary judgment. [Citations.]” 18”
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.