66 Cal. App. 4th 94 - Coltrain v. Shewalter’s Empirical Analysis
1998
Citation profile
29 state decisions
How this case has been cited
Cited by 37 later decisions — most recently November 2018 · most notably 93 Cal. App. 4th 993 - ComputerXpress, Inc. v. Jackson (2001), 71 Cal. App. 4th 901 - Kyle v. Carmon (1999)
29 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 17 Cal. 4th 599 - Santisas v. Goodin · 9 Cal. 4th 863 - Chia-Lee Hsu v. Abbara · 42 Cal. App. 4th 628 - Church of Scientology v. Wollersheim · 21 Cal. 3d 218 - International Industries, Inc. v. Olen · 47 Cal. App. 4th 777 - Dove Audio, Inc. v. Rosenfeld, Meyer & Susman
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 37 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[ojtherwise, SLAPP plaintiffs could achieve most of their objective with little risk — by filing a SLAPP suit, forcing the defendant to incur the effort and expense of preparing a special motion to strike, then dismissing the action without prejudice. The specter of the action being refiled (at least until the statute of limitations had run) would continue to have a significant chilling effect on the defendant’s exercise of its First Amendment rights. At that point, the plaintiff would have accomplished all the wrongdoing that triggers the defendant’s eligibility for attorney’s fees, but the defendant would be cheated of redress.”
2 later decisions quote this exact passage“As used in California statutes, the term [prevailing party] has more than one technical meaning. For purposes of the cost statutes, the term 'prevailing party' includes a party in whose favor a judgment of dismissal has been entered. ( Code Civ. Proc., § 1032, subd. (a)(4).) Under subdivision (b)(2) of Civil Code section 1717, however, there is no prevailing party when the action has been voluntarily dismissed.”
1 later decision quote this exact passage“The vast majority of attorney's fee statutes do not explicitly provide for the event of a voluntary dismissal”
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.