5 Cited authorities

  1. Careau & Co. v. Security Pacific Business Credit, Inc.

    222 Cal.App.3d 1371 (Cal. Ct. App. 1990)   Cited 926 times
    Holding that a claim for breach of the implied covenant may be disregarded if it rests on the same set of facts as a claim for breach of contract
  2. Paramount Petroleum Corp. v. Superior Court

    227 Cal.App.4th 226 (Cal. Ct. App. 2014)   Cited 31 times   1 Legal Analyses
    In Paramount, the appellate court determined that the trial court erred in reconsidering a prior order denying a motion for summary judgment without giving the parties an opportunity to provide further oral or written argument before issuing a new ruling.
  3. Fireman's Fund Ins. Co. v. Fibreboard Corp.

    182 Cal.App.3d 462 (Cal. Ct. App. 1986)   Cited 24 times
    Holding "the general rule of strict construction" inapplicable where "two large corporate entities, each represented by specialized insurance brokers or risk managers, negotiated the terms of the insurance contracts."
  4. Section 437c - Motion for summary judgment

    Cal. Code Civ. Proc. § 437c   Cited 8,254 times   7 Legal Analyses
    Ruling on summary judgment motion must be based on "papers submitted" with the motion
  5. Section 437 - Grounds for motion to appear on face of challenged pleading; motion based on matter subject to judicial notice

    Cal. Code Civ. Proc. § 437   Cited 288 times   2 Legal Analyses

    (a) The grounds for a motion to strike shall appear on the face of the challenged pleading or from any matter of which the court is required to take judicial notice. (b) Where the motion to strike is based on matter of which the court may take judicial notice pursuant to Section 452 or 453 of the Evidence Code, such matter shall be specified in the notice of motion, or in the supporting points and authorities, except as the court may otherwise permit. Ca. Civ. Proc. Code § 437 Added by Stats. 1982