77 Cal. App. 4th 1198 - Brian C. v. Ginger K.’s Empirical Analysis
2000
Citation profile
42
cited by 42 later decisions
2
states following
January 2019
most recently cited
42 state decisions
Relationships
Relies on Stanley v. Illinois · Arizona v. Fulminante · Michael v. Gerald D · 54 Cal. 2d 603 - Kusior v. Silver · 13 Cal. 3d 636 - In Re Lisa R.
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 42 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(a) Except as provided in Chapter 1 (commencing with Section 7540) and Chapter 3 (commencing with Section 7570) of Part 2 or in Section 20102, a presumption under Section 7611 is a rebuttable presumption affecting the burden of proof and may be rebutted in an appropriate action only by clear and convincing evidence. [¶] (b) If two or more presumptions arise under Section 7611 which conflict with each other, the presumption which on the facts is founded on the weightier considerations of policy and logic controls. [¶] (c) The presumption under Section 7611 is rebutted by a judgment establishing paternity of the child by another man.”
2 later decisions quote this exact passage“DNA tests ... certainly constitute clear and convincing evidence rebutting any of the presumptions that might favor either”
2 later decisions quote this exact passage“The law concerning children born to married women when there is a dispute over paternity is a latter-day admixture of ancient common law presumptions and ideas, statutes, statutory interpretation and legislative acquiescence, common law accretion and constitutional imperatives, all in the face of the technological ability, developed only recently, to positively identify who a biological father really is.”
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.