§Why CasetextPricing

Motion For Leave To File First Amended Complaint

Motion

18 Cited authorities

  1. Korea Supply Co. v. Lockheed Martin Corp.

    29 Cal.4th 1134 (Cal. 2003)   Cited 1,692 times   17 Legal Analyses
    Holding that plaintiff cannot recover damages under Cal. Bus. Prof. Code § 17200 unless plaintiff has "an ownership interest in the money it seeks to recover"

  2. Nestle v. City of Santa Monica

    6 Cal.3d 920 (Cal. 1972)   Cited 469 times
    In Nestle we held, inter alia, that a nuisance action based on airport noise was improperly dismissed on the basis of government immunity, and suggested that the plaintiffs on remand might be able to demonstrate a continuing nuisance.

  3. Consultants, Inc. v. City of Carlsbad

    190 Cal.App.4th 1332 (Cal. Ct. App. 2010)   Cited 103 times   2 Legal Analyses
    Noting questionable continued viability of Weeshoff, explaining "the party contracting with a public agency is charged with the knowledge of public contracting law"

  4. Atkinson v. Elk Corp.

    109 Cal.App.4th 739 (Cal. Ct. App. 2003)   Cited 104 times
    Finding shingles were not consumer goods within the version of the Act operative at that time

  5. Mabie v. Hyatt

    61 Cal.App.4th 581 (Cal. Ct. App. 1998)   Cited 51 times
    Holding "in California coupling a justified charge with an unjustified charge does not shield a party from a malicious prosecution claim on the unjustified charge."

  6. Vaccaro v. Kaiman

    63 Cal.App.4th 761 (Cal. Ct. App. 1998)   Cited 27 times

    Docket Nos. B108182, B111535, B112258. April 30, 1998. Appeal from Superior Court of Los Angeles County, No. BC148766, Edward M. Ross, Judge. COUNSEL Andra M. Vaccaro, in pro. per., and Douglas Caiafa for Plaintiff and Appellant. Lewis, D'Amato, Brisbois Bisgaard, Joseph K. Hegedus, Gordon J. Calhoun and Douglas R. Irvine for Defendants and Respondents. OPINION VOGEL (C.S.), P.J. — INTRODUCTION Plaintiff and appellant Andra M. Vaccaro brought this action for legal malpractice against defendants and

  7. Kittredge Sports Co. v. Superior Court

    213 Cal.App.3d 1045 (Cal. Ct. App. 1989)   Cited 37 times
    In Kittredge Sports Co. v. Superior Court (1989) 213 Cal.App.3d 1045, 1048, the court concluded the amendment would not prejudice the defendant.

  8. California Casualty Gen. Ins. v. Superior Court

    173 Cal.App.3d 274 (Cal. Ct. App. 1985)   Cited 38 times

    Docket No. E002108. October 11, 1985. COUNSEL Bruggeman, Smith Peckham and Stephen Miller for Petitioners. No appearance for Respondent. Miller, Madden Theios, Olen G. Miller and John J. Madden, Jr., for Real Party in Interest. OPINION KAUFMAN, J. We issued an alternative writ of mandate to review an order of the San Bernardino Superior Court denying the motion of defendants below to amend their answer to the plaintiff's first amended complaint for "bad faith" to allege a fourth affirmative defense:

  9. Arthur L. Sachs, Inc. v. City of Oceanside

    151 Cal.App.3d 315 (Cal. Ct. App. 1984)   Cited 38 times
    Holding that plaintiff could seek contract-based remedies of restitution and rescission because defendant had fraudulently appraised plaintiff's land for less than it was worth

  10. Higgins v. Del Faro

    123 Cal.App.3d 558 (Cal. Ct. App. 1981)   Cited 40 times
    In Higgins, the defendant filed a demurrer to the complaint on the ground that the escrow agreement, which had been attached as an exhibit to the complaint, was not the agreement between the parties and thus the plaintiff had failed to state a cause of action.

  11. Section 1194 - Recovery by employee in civil action regardless of agreement to receive lesser wage

    Cal. Lab. Code § 1194   Cited 1,809 times   10 Legal Analyses
    Authorizing an employee receiving less than the legal overtime compensation to recover the unpaid balance, interest, attorney's fees, and costs of suit in a civil action

  12. Section 510 - Eight hour workday; compensation for overtime

    Cal. Lab. Code § 510   Cited 1,643 times   29 Legal Analyses
    Requiring employers to pay 1.5 times the "regular rate of pay" for overtime

  13. Section 1197 - Minimum wage paid to employees

    Cal. Lab. Code § 1197   Cited 629 times   4 Legal Analyses
    Making it "unlawful" to pay "lower wage than the minimum" provided by law

  14. Section 558 - Civil penalties

    Cal. Lab. Code § 558   Cited 365 times   17 Legal Analyses
    Setting forth civil penalties for violations of provisions regulating hours and days of work

  15. Section 1197.1 - Liability of employer or other person; citation issued

    Cal. Lab. Code § 1197.1   Cited 313 times   4 Legal Analyses
    Granting all rights under the section to the Labor Commissioner

  16. Rule 3.1324 - Amended pleadings and amendments to pleadings

    Cal. R. 3.1324   Cited 106 times

    (a) Contents of motion A motion to amend a pleading before trial must: (1) Include a copy of the proposed amendment or amended pleading, which must be serially numbered to differentiate it from previous pleadings or amendments; (2) State what allegations in the previous pleading are proposed to be deleted, if any, and where, by page, paragraph, and line number, the deleted allegations are located; and (3) State what allegations are proposed to be added to the previous pleading, if any, and where