85 Cal. App. 4th 113 - Thomas v. Gordon’s Empirical Analysis
2000
Citation profile
28 state decisions
Relationships
Applies 11 U.S.C. § 362
Relies on Precision Instrument Mfg Co v. Automotive Maintenance Machinery Co · Pennsylvania Department of Public Welfare v. Davenport · Ryan Operations Gp Nvr Lp Nvr v. Santiam-Midwest Lumber Co Bright Wood Corp · Allen v. Zurich Insurance · Rissetto v. Plumbers and Steamfitters Local 1-25
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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) the same party has taken two positions; (2) the positions were taken in judicial or quasi-judicial administrative proceedings; (3) the party was successful in asserting the first position (i.e., the tribunal adopted the position or accepted it as true); (4) the two positions are totally inconsistent; and (5) the first position was not taken as a result of ignorance, fraud, or mistake. [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.