53 Cited authorities

Aguilar v. Atlantic Richfield Co.
25 Cal.4th 826 (Cal. 2001) Cited 4,948 times 2 Legal Analyses
Concluding that the gathering and dissemination of pricing information by the petroleum companies through an independent industry service did not imply collusive action where there was no evidence the information was misused as a basis for an unlawful conspiracy; rather, evidence suggested that individual companies used all available resources “to determine capacity, supply, and pricing decisions which would maximize their own individual profits”
Guz v. Bechtel National, Inc.
24 Cal.4th 317 (Cal. 2000) Cited 3,301 times 4 Legal Analyses
Holding that an implied covenant "cannot be endowed with an existence independent of its contractual underpinnings. It cannot impose substantive duties or limits on the contracting parties beyond those incorporated in the specific terms of their agreement."
Fox v. Ethicon Endo-Surgery, Inc.
35 Cal.4th 797 (Cal. 2005) Cited 1,272 times 2 Legal Analyses
Holding that "[r]esolution of the statute of limitations issue is normally a question of fact."
Applied Equipment Corp. v. Litton Saudi Arabia Ltd.
7 Cal.4th 503 (Cal. 1994) Cited 1,185 times 5 Legal Analyses
Holding that there is no separate cause of action for civil conspiracy, and that to establish such an action, a plaintiff must show some other underlying tort or civil wrong
Teselle v. McLoughlin
173 Cal.App.4th 156 (Cal. Ct. App. 2009) Cited 341 times
Stating that a right to an accounting can exist solely from possession by the defendant of money which, because of the parties' relationship, the defendant is obliged to surrender
Troyk v. Farmers Group, Inc.
171 Cal.App.4th 1305 (Cal. Ct. App. 2009) Cited 339 times 2 Legal Analyses
Holding that payment of extra money as a result of the defendant's action was sufficient for standing
City v. Merrill Lynch
68 Cal.App.4th 445 (Cal. Ct. App. 1998) Cited 457 times
Holding allegation that brokerage firm encouraged client to undertake "imprudent and unsuitable" investment program that included "speculative investments in extremely volatile securities, risky transactions in highly leveraged interest-bearing instruments, and excessive commissions" sufficient to state a claim for breach of fiduciary duty
Huong Que, Inc. v. Luu
150 Cal.App.4th 400 (Cal. Ct. App. 2007) Cited 326 times 1 Legal Analyses
Holding that all employees owe a duty of loyalty to their employer
Prakashpalan v. Engstrom, Lipscomb & Lack
223 Cal.App.4th 1105 (Cal. Ct. App. 2014) Cited 231 times 1 Legal Analyses
Affirming dismissal of UCL cause of action against attorney where attorney's violation of Rule 3-310 was alleged as a fraudulent, unfair, and unlawful act, but plaintiff failed to allege causation of damage from that violation
Reeves v. Hanlon
33 Cal.4th 1140 (Cal. 2004) Cited 303 times 12 Legal Analyses
Holding "a plaintiff may recover damages for intentional interference with an at-will employment relation under the same California standard applicable to claims for intentional interference with prospective economic advantage"

Motion Summary Judgment Adjudication

53 Cited authorities

Holding that an implied covenant "cannot be endowed with an existence independent of its contractual underpinnings. It cannot impose substantive duties or limits on the contracting parties beyond those incorporated in the specific terms of their agreement."

Holding that "[r]esolution of the statute of limitations issue is normally a question of fact."

Holding that there is no separate cause of action for civil conspiracy, and that to establish such an action, a plaintiff must show some other underlying tort or civil wrong

Stating that a right to an accounting can exist solely from possession by the defendant of money which, because of the parties' relationship, the defendant is obliged to surrender

Holding that payment of extra money as a result of the defendant's action was sufficient for standing

Holding that all employees owe a duty of loyalty to their employer

Affirming dismissal of UCL cause of action against attorney where attorney's violation of Rule 3-310 was alleged as a fraudulent, unfair, and unlawful act, but plaintiff failed to allege causation of damage from that violation

Holding "a plaintiff may recover damages for intentional interference with an at-will employment relation under the same California standard applicable to claims for intentional interference with prospective economic advantage"