25 Cited authorities

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."
Lazar v. Superior Court
12 Cal.4th 631 (Cal. 1996) Cited 1,686 times 3 Legal Analyses
Holding that justifiable reliance is a required element of a fraud claim
Careau & Co. v. Security Pacific Business Credit, Inc.
222 Cal.App.3d 1371 (Cal. Ct. App. 1990) Cited 938 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
Blickman Turkus, LP v. MF Downtown Sunnyvale, LLC
162 Cal.App.4th 858 (Cal. Ct. App. 2008) Cited 274 times
Finding that duplication is not grounds for demurrer and that a motion to strike is the proper way to address duplicative material
Thing v. La Chusa
48 Cal.3d 644 (Cal. 1989) Cited 479 times 5 Legal Analyses
Holding that "a plaintiff may recover damages for emotional distress caused by observing the negligently inflicted injury of a third person if, but only if, said plaintiff: is closely related to the injury victim; is present at the scene of the injury producing event at the time it occurs and is then aware that it is causing injury to the victim; and as a result suffers serious emotional distress"
Katzberg v. Regents of the University of California
29 Cal.4th 300 (Cal. 2002) Cited 277 times
Holding that an action for damages was not available to redress a freestanding claim pursuant to Article I, Section 7 of the California Constitution; the Bane Act was not discussed
Delaney v. Baker
20 Cal.4th 23 (Cal. 1999) Cited 216 times 4 Legal Analyses
Holding recklessness "involves more than inadvertence, incompetence [or] unskillfulness"
Lackner v. North
135 Cal.App.4th 1188 (Cal. Ct. App. 2006) Cited 164 times 2 Legal Analyses
Holding that a ski resort has no duty to eliminate or protect a recreational skier from a collision with a participant in a snowboarding race and that the resort had no duty to supervise the race participants as they warmed up on a designated training run prior to a competition
Bionghi v. Metropolitan Water Dist.
70 Cal.App.4th 1358 (Cal. Ct. App. 1999) Cited 124 times
Holding where causes of action for breach of contract and breach of implied covenant are based on same facts, breach of implied covenant claim is "duplicative" and "may be disregarded"
Align Technology, Inc. v. Tran
179 Cal.App.4th 949 (Cal. Ct. App. 2009) Cited 80 times
Holding "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"

Notice Ruling

25 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 justifiable reliance is a required element of a fraud claim

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

Finding that duplication is not grounds for demurrer and that a motion to strike is the proper way to address duplicative material

Holding that an action for damages was not available to redress a freestanding claim pursuant to Article I, Section 7 of the California Constitution; the Bane Act was not discussed

Holding recklessness "involves more than inadvertence, incompetence [or] unskillfulness"

Holding that a ski resort has no duty to eliminate or protect a recreational skier from a collision with a participant in a snowboarding race and that the resort had no duty to supervise the race participants as they warmed up on a designated training run prior to a competition

Holding where causes of action for breach of contract and breach of implied covenant are based on same facts, breach of implied covenant claim is "duplicative" and "may be disregarded"

Holding "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"