Public-domain · open source
OpenJurist
← 73 Cal. App. 3d 86 - Smith v. Moffat

73 Cal. App. 3d 86 - Smith v. Moffat’s Empirical Analysis

1977

Citation profile

12
cited by 12 later decisions
1
states following
February 2007
most recently cited

2 federal appellate · 10 state decisions

How this case has been cited

Cited by 12 later decisions — most recently February 2007

2 federal appellate · 10 state decisions

601977198019902000decided

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 Mercer v. Perez · 9 Cal. 3d 51 - Stevens v. Parke, Davis & Co. · 7 Cal. 3d 889 - Capelouto v. Kaiser Foundation Hospitals · Hamasaki v. Flotho · 13 Cal. 3d 413 - La Manna v. Stewart

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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “on appeal from an order granting a new trial upon the ground of the insufficiency of the evidence to justify the verdict or other decision, or upon the ground of excessive or inadequate damages, it shall be conclusively presumed that said order as to such ground was made only for the reasons specified in said order or said specification of reasons, and such order shall be reversed as to such ground only if there is no substantial basis in the record for any of such reasons.”
    1 later decision quote this exact passage
  2. “We have said that `[n]o hard and fast rule can be laid down as to the content of such a specification, and it will necessarily vary according to the facts and circumstances of each case.' [Citation.] However, we have emphasized on several occasions that if the ground relied upon is `insufficiency of evidence,' the trial judge's specification of reasons `must briefly identify the portion of the record which convinces the judge”
    1 later decision quote this exact passage
  3. “The procedural steps specified in [section 657] are `mandatory and must be strictly followed. [Citations.]'”
    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.