20 Cited authorities

Business Guides v. Chromatic Comm. Enterprises
498 U.S. 533 (1991) Cited 919 times
Holding that Federal Rule of Civil Procedure 11 was not a fee-shifting provision because Rule 11 sanctions were not “tied to the outcome of litigation,” instead turning on whether a “specific filing” was well founded, and shifted the costs of a “discrete” portion of the litigation rather than the litigation as a whole
Cel-Tech Communications, Inc. v. Los Angeles Cellular Telephone Co.
20 Cal.4th 163 (Cal. 1999) Cited 2,467 times 22 Legal Analyses
Holding that for an act to be "unfair," it must "threaten" a violation of law or "violate the policy or spirit of one of those laws because its effects are comparable to or the same as a violation of the law"
McKell v. Washington Mutual Inc.
142 Cal.App.4th 1457 (Cal. Ct. App. 2006) Cited 711 times 1 Legal Analyses
Holding that a loan transaction is a business practice under the UCL
Durell v. Sharp Healthcare
183 Cal.App.4th 1350 (Cal. Ct. App. 2010) Cited 547 times 3 Legal Analyses
Holding that actual reliance is an element of CUCL claims under the unlawful prong
Saunders v. Superior Court
27 Cal.App.4th 832 (Cal. Ct. App. 1994) Cited 549 times
Finding that aiding and abetting requires actual knowledge
Tarmann v. State Farm Mut. Auto. Ins. Co.
2 Cal.App.4th 153 (Cal. Ct. App. 1991) Cited 498 times
Holding that, when suing a corporate defendant for fraud, a plaintiff must include “the names of the persons who made the allegedly fraudulent representations, their authority to speak, to whom they spoke, what they said or wrote, and when it was said or written”
Khoury v. Maly's of California, Inc.
14 Cal.App.4th 612 (Cal. Ct. App. 1993) Cited 385 times
Holding that " demurrer for uncertainty is strictly construed, even where a complaint is in some respects uncertain, because ambiguities can be clarified under modern discovery procedures."
Puentes v. Wells Fargo Home Mortg., Inc.
160 Cal.App.4th 638 (Cal. Ct. App. 2008) Cited 154 times
Defining "unfair," "unlawful" and "fraudulent" practices under California's UCL
Bockrath v. Aldrich Chemical Co.
21 Cal.4th 71 (Cal. 1999) Cited 171 times 2 Legal Analyses
Holding that in cases that require resolving "complicated . . . medical causation issues, the standard of proof ordinarily required is a reasonable medical probability based upon competent expert testimony that the defendant's conduct contributed to the plaintiff's injury"
Childs v. State Farm Mut. Auto. Ins. Co.
29 F.3d 1018 (5th Cir. 1994) Cited 124 times
Holding "the appropriate sanction in a given case may be an award to the adversary of some amount less than all of its reasonable expenses incurred as a result of the violation"
Rule 11 - Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions
Fed. R. Civ. P. 11 Cited 37,068 times 149 Legal Analyses
Holding an "unrepresented party" to the same standard as an attorney
Rule 5 - Serving and Filing Pleadings and Other Papers
Fed. R. Civ. P. 5 Cited 23,110 times 16 Legal Analyses
Providing for service via CM/ECF Systems
Section 17200 - Unfair competition defined
Cal. Bus. & Prof. Code § 17200 Cited 18,278 times 315 Legal Analyses
Prohibiting unlawful business practices
Section 17204 - Actions for Injunctions by Attorney General, District Attorney, County Counsel, and City Attorneys
Cal. Bus. & Prof. Code § 17204 Cited 987 times 4 Legal Analyses
Authorizing a private right of action for equitable relief by those who have "lost money or property as a result of . . . unfair competition"
Section 2923.6 - Agreement by mortgage servicer to implement loan modification or workout plan
Cal. Civ. Code § 2923.6 Cited 881 times 3 Legal Analyses
Authorizing a lender to pursue foreclosure against a defaulted borrower if "[t]he borrower accepts a written first lien loan modification, but defaults on, or otherwise breaches the borrower's obligations under, the first lien loan modification"
Section 128.7 - Attorney or unrepresented party to sign pleadings, petitions, notice, etc.; certification; sanctions for violations
Cal. Code Civ. Proc. § 128.7 Cited 766 times 8 Legal Analyses
Requiring that allegations in the pleading, "to the best of the person's knowledge, information, and belief...have evidentiary support or, if specifically so identified, are likely to have evidentiary support after a reasonable opportunity for further investigation or discovery"

Motion

20 Cited authorities

Holding that for an act to be "unfair," it must "threaten" a violation of law or "violate the policy or spirit of one of those laws because its effects are comparable to or the same as a violation of the law"

Holding that a loan transaction is a business practice under the UCL

Holding that actual reliance is an element of CUCL claims under the unlawful prong

Finding that aiding and abetting requires actual knowledge

Holding that, when suing a corporate defendant for fraud, a plaintiff must include “the names of the persons who made the allegedly fraudulent representations, their authority to speak, to whom they spoke, what they said or wrote, and when it was said or written”

Holding that " demurrer for uncertainty is strictly construed, even where a complaint is in some respects uncertain, because ambiguities can be clarified under modern discovery procedures."

Defining "unfair," "unlawful" and "fraudulent" practices under California's UCL

Holding that in cases that require resolving "complicated . . . medical causation issues, the standard of proof ordinarily required is a reasonable medical probability based upon competent expert testimony that the defendant's conduct contributed to the plaintiff's injury"

Holding "the appropriate sanction in a given case may be an award to the adversary of some amount less than all of its reasonable expenses incurred as a result of the violation"

Holding an "unrepresented party" to the same standard as an attorney

Providing for service via CM/ECF Systems

Prohibiting unlawful business practices

Authorizing a private right of action for equitable relief by those who have "lost money or property as a result of . . . unfair competition"

Authorizing a lender to pursue foreclosure against a defaulted borrower if "[t]he borrower accepts a written first lien loan modification, but defaults on, or otherwise breaches the borrower's obligations under, the first lien loan modification"

Requiring that allegations in the pleading, "to the best of the person's knowledge, information, and belief...have evidentiary support or, if specifically so identified, are likely to have evidentiary support after a reasonable opportunity for further investigation or discovery"