23 Feb 2015 in Tips and Tactics
Don’t assume that an argument should be discarded because it is supported only an old case. For example, plaintiffs relied on Stevens v. Los Angeles Dock & Terminal Co.
, 20 Cal.App.743 (2d Dist. 1912), and defendant More-Gas first noted that Stevens
is “’a 100 year old case that has never been cited by another California case.’” The court in McGuire v. More-Gas Investments, LLC,
220 Cal.App.4th 512, 526 (3d Dist. 2013), responded:
That fact is of no significance. While it is true Stevens
has never been cited by any published appellate decision in California, that does not undercut the validity of the reasoning in the case. Indeed, the principle applied in Stevens
is well known in the common law, including here in California. An appellate court in New York that cited Stevens
over 70 years ago succinctly articulated that principle as follows:
illustrates, age of a compelling case is not necessarily a matter of consequence. What are some ways to show why the case is compelling when it has never been cited by another California court?