Steiner v. Thomas’s Empirical Analysis

Citation profile

27 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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It was correct procedure to try the issue of res judicata and to enter judgment against the plaintiff after the court had ascertained that the special plea was substantiated. (Code Civ. Proc., § 597.) . . . The documents offered as proof of the plea, included besides the file of 494, the files in the estate of Dorothea Thomas and in the termination of the joint tenancy of Louis Henry Thomas, deceased. All such files were competent proof of a prior adjudication of the issue, raised by the fifth amended complaint. (Olwell v. Hopkins, 28 Cal.2d 147, 151 [ 168 P.2d 972 ].) . . . “The judgment therefore was correct in decreeing that 494 was res judicata of the instant action. (Code Civ. Proc., § 1908.) A judgment estops the plaintiff from maintaining a subsequent action between the same parties, not only as to the issues raised but also as to every other issue that might properly have been litigated. The estoppel is effective not only where the grounds for recovery in the first action are identical with those pleaded in the first which he failed to prove, but he is likewise barred where he failed to allege those grounds in his first suit. (Panos v. Great Western Packing Co., 21 Cal.2d 636, 638 [ 134 P.2d 242 ]; Sutphin v. Speik, 15 Cal.2d 195, 202 [ 99 P.2d 652 , 101 P.2d 497 ]; Slater v. Shell Oil Co., 58 Cal.App.2d 864, 868 [ 137 P.2d 713 ] ; Rest. Law of Judgments, § 63a.) ” (Italics added.)”

   1 later decision quote this exact passage
   e.g. 105 Cal. App. 2d 834 - Basore v. Metropolitan Trust Co.