85 Cal. App. 4th 1249 - Distefano v. Forester’s Empirical Analysis

Citation profile

58 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 60 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “To create a triable issue of material fact, the opposition evidence must be directed to issues raised by the pleadings. [Citation.] If the opposing party's evidence would show some factual assertion, legal theory, defense or claim not yet pleaded, that party should seek leave to amend the pleadings before the hearing on the summary judgment motion.”

   2 later decisions quote this exact passage
   e.g. Johnson v. Raytheon Co. · 129 Cal. App. 4th 1076 - Law Offices of Dixon R. Howell v. Valley

2. “do not abrogate the Knight primary assumption of the risk doctrine, and thus do not impose on participants in the sport of off-roading a higher or different duty in tort than is established under Knight.”

   2 later decisions quote this exact passage
   e.g. 119 Cal. App. 4th 60 - Peart v. Ferro · 105 Cal. App. 4th 1211 - Moser v. Ratinoff

3. “For these reasons, the general test is `that a participant in an active sport breaches a legal duty of care to other participants — i.e., engages in conduct that properly may subject him or her to financial liability — only if the participant intentionally injures another player or engages in conduct that is so reckless as to be totally outside the range of the ordinary activity involved in the sport. ' [Citation.]”

   1 later decision quote this exact passage
   e.g. 119 Cal. App. 4th 60 - Peart v. Ferro