Goossen v. Clifton’s Empirical Analysis

Citation profile

71 state decisions

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

1. ““ ' “The general rule is that a defendant is entitled to have actions tried in the county of his residence. The right of the plaintiff to have the action tried elsewhere is the exceptional right, and must find its justification in the terms of some statute. It is the duty of a plaintiff to bring himself within some exception if he can—otherwise, the defendant’s right is to have the case tried in the county of his residence. ’ ’ ’ (International Investment Co. v. Chagnon, 170 Cal.App.2d 441, 443 [ 339 P.2d 147 ] ; see also Goossen v. Clifton, 75 Cal.App.2d 44, 47 [ 170 P.2d 104 ].) “ ‘. . . [M] ere conclusions or indefinite statements of a pleader will not suffice to create a prima facie case entitling one to maintain an action at a county other than that of the residence of the defendant. ’ ””

   2 later decisions quote this exact passage
   e.g. Wheeler v. Moschetti · 132 Cal. App. 2d 402 - Deas v. Lido Lumber Co.

2. ““If it were provided only that when a defendant has contracted to perform an obligation in some particular county, the county in which it is to be performed, or the county in which the contract was entered into, or the county in which the defendant resides, shall be a proper county for the trial of an action upon an obligation growing out of the contract, no difficulty would be presented. In such a ease either one of the three counties mentioned would be a proper county for the trial of such an action. ' ‘ But the legislature did not stop there. It added a limitation, and the limitation which it added is this: ‘the county in which such obligation is incurred shall be deemed to be the county in which it is to be performed. ’ The effect of the limitation is to cut down the number of counties in which an action may properly be tried to two, namely, the county in which the defendant resides, and the county in which the contract was made. “Having set up the limitation, the legislature created an exception to it, providing that if it be specially contracted in writing as to the county of performance, such county is also a proper county for the trial of an action. Under conditions where the exception is effective, the number of proper counties goes back to three. “. . . The express condition of the statute is that unless there is a special contract in writing to the contrary the county in which the obligation is incurred is the venue of an action arising out of it. What the legislat”

   1 later decision quote this exact passage
   e.g. 133 Cal. App. 2d 296 - Cal-Ore Lumber Sales v. Russell

3. ““The rule is fundamental. The important right to protect is that of the defendant to have the cause tried in the county of his residence. For the plaintiff to be entitled to the exceptional right of having the cause tried in some other county, he must clearly bring himself within a statutory exception. If, by joining several causes of action, the defendant could be deprived of his right, the right would be lost in many cases. It is for that reason that the courts hold that the test is whether on any one of the causes of action the defendant is entitled to a change to the county of his residence. If there is one such cause, then defendant is entitled to the change no matter how many other causes may be set forth in which he is not entitled to the change. That is the situation here presented. ’ ’”

   1 later decision quote this exact passage
   e.g. Sexton v. Simondet