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← 70 CALAPP2D 238 - Gerstein v. Smirl

Gerstein v. Smirl’s Empirical Analysis

1945

Citation profile

28
cited by 28 later decisions
1
states following
December 2012
most recently cited

28 state decisions

How this case has been cited

Cited by 28 later decisions — most recently December 2012 · most notably 102 Cal. App. 3d 33 - Ferraro v. Southern California Gas Co. (1980), 171 Cal. App. 3d 106 - Syverson v. Heitmann (1985)

28 state decisions

6019451950196019701980199020002010decided

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 Hansen v. Covell · 12 Cal. 2d 266 - Moss v. Underwriters' Report, Inc. · Gorman v. Superior Court · 112 Cal. App. 231 - Shelley v. Hart · Dobbins v. Horsfall

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.

  1. ““It is well settled that, where both plaintiff and cross-complainant recover money judgments, a defendant to whom the ‘net result of the judgment’ is favorable is entitled to recover all his costs ... If the ‘net result’ of a judgment is favorable to plaintiff, unless it (in its net amount) is one which ‘ could have been rendered by a municipal or inferior court within the same county,’ plaintiff’s costs are ‘allowed of course’ ” (Citing Code Civ. Proc., § 1032; Hansen v. Covell, 218 Cal. 622 [ 24 P.2d 772 , 89 A.L.R. 670 ].) See, also, Shelley v. Hart, 112 Cal.App. 231, 243 [ 297 P. 82 ] ; Dobbins v. Horsfall, 58 Cal.App.2d 23, 27 [ 136 P.2d 35 ].”
    3 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.