Azevedo v. Leavitt’s Empirical Analysis
1946
Citation profile
22 state decisions
How this case has been cited
Cited by 22 later decisions — most recently December 1967
22 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 3 Cal. 2d 427 - Crawford v. Southern Pacific Co. · Estate of Bristol v. Young · 4 Cal. 2d 1 - Bellon v. Silver Gate Theatres, Inc. · Raggio v. Mallory · 7 Cal. App. 14 - Nobles v. Hutton
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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The donee must rebut the presumption by evidence which is sufficient to overcome it, and whether the donee has overcome the presumption is a question exclusively for the trial court. Before an appellate tribunal would be justified in reversing the finding of the trial court that there was no unfairness, fraud, or undue influence on the part of the donee, it must appear that there is no substantial evidence to support such finding. As this court said in Laherty v. Connell, 64 Cal.App.2d 355 , at page 357 [ 148 P.2d 895 ] : ‘In order to prevail on this ground, the appellants must demonstrate that there is no material, credible evidence or no reasonable inference from the evidence to support the challenged findings. ’ ””
1 later decision quote this exact passagee.g. Barney v. Fye““It is to be remembered that in a case involving a purported gift inter vivos, based upon an alleged consideration of love and affection, where the donee is a daughter having the control and direction of the aged donor, a strong presumption of confidential relation arises which would place upon the beneficiary in the transaction the burden of showing fairness in dealing and full understanding on the part of the person parting with the property. Nobles v. Hutton, 7 Cal.App. 14 , 93 P. 289 . In the absence of such showing, the conveyance is presumed to have been obtained by undue influence and to be void.””
1 later decision quote this exact passagee.g. McNabb v. Brewster
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.