Align Technology, Inc. v. Tran
179 Cal.App.4th 949 (Cal. Ct. App. 2009) Cited 80 timesHolding "legislative purpose of former section 439, the predecessor of section 426.30 . . . was to provide for the settlement, in a single action, of all conflicting claims between the parties arising out of the same transaction" and to "avoid a multiplicity of actions"
Patrick v. Alacer Corp.
167 Cal.App.4th 995 (Cal. Ct. App. 2008) Cited 81 times 1 Legal AnalysesStating that while a nominal defendant corporation generally may not defend a derivative action filed on its behalf, it "may assert defenses contesting the plaintiff's right or decision to bring suit, such as asserting the shareholder plaintiffs lack of standing ...."
George v. Auto. Club of South. California
201 Cal.App.4th 1112 (Cal. Ct. App. 2011) Cited 47 timesApplying rule, but finding no ambiguity
Trustees of Capital Wholesale v. Shearson Lehman
221 Cal.App.3d 617 (Cal. Ct. App. 1990) Cited 29 timesDismissing claim for breach of the implied covenant without leave to amend where plaintiff failed to allege facts to support such claim
South Shore Land Co. v. Petersen
226 Cal.App.2d 725 (Cal. Ct. App. 1964) Cited 66 timesIn SouthShore, the parties had presented competing chains of title to establish their individual claims of right to the property at issue.
Rule 3.1113 - Memorandum
Cal. R. 3.1113 Cited 106 times(a) Memorandum in support of motion A party filing a motion, except for a motion listed in rule 3.1114, must serve and file a supporting memorandum. The court may construe the absence of a memorandum as an admission that the motion or special demurrer is not meritorious and cause for its denial and, in the case of a demurrer, as a waiver of all grounds not supported. (b) Contents of memorandum The memorandum must contain a statement of facts, a concise statement of the law, evidence and arguments