65 Cal. App. 3d 896 - Moore v. Morhar’s Empirical Analysis
1977
Citation profile
12 state decisions
How this case has been cited
Cited by 14 later decisions — most recently April 2008
12 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 20 Cal. 2d 488 - Routh v. Quinn · 34 Cal. App. 3d 994 - Greenberg v. Equitable Life Assurance Society of United States · 266 Cal. App. 2d 47 - Carroll v. Hanover Insurance Co. · Black v. County of Los Angeles · Tittle Guarantee & Tr. Co. v. Fraternal Fin. Co.
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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Although this seems to give an unwarranted procedural advantage to the claimant against a public employee, Van Astyne reasons as follows: “... since the ground of the late claim application ordinarily would be one for which broad discretion is vested in the trial court, such as disability (see § 8.31) or inadvertence (see § 8.29), denial of the application should not necessarily preclude the claimant from maintaining his action against the public employee. To hold to the contrary would leave claimant’s initial ignorance of the tortfeasor’s public employment status as the real basis for his inability to litigate his cause of action. This is precisely the kind of unjust result the legislature was seeking to prevent. But an application to present the late claim and its denial should be required at least.””
1 later decision quote this exact passage“A cause of action against a public employee or former public employee is not barred by Section 950.2 if the plaintiff pleads and proves that he did not know or have reason to know, within the period for the presentation of a claim to the employing public entity as a condition to maintaining an action for such injury against the employing public entity, as that period is prescribed by Section 911.2 or by such other claims procedure as may be applicable, that the injury was caused by an act or omission of the public entity or by an act or omission of an employee of the public entity in the scope of his employment as a public employee.”
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.