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12 Cited authorities

  1. Laabs v. City of Victorville

    163 Cal.App.4th 1242 (Cal. Ct. App. 2008)   Cited 377 times
    Finding no abuse of discretion where the trial court "could have easily concluded that at the time plaintiff refused to admit such matters she reasonably held a good faith belief that she would prevail at trial on these issues"

  2. Parsons v. Bristol Development Co.

    62 Cal.2d 861 (Cal. 1965)   Cited 1,216 times
    In Parsons v. Bristol Dev. Co., supra, 62 Cal.2d at page 866, the court commented that "even in the absence of extrinsic evidence, the trial court's interpretation of a written instrument must be accepted '"if such interpretation is reasonable, or if [it] is one of two or more reasonable constructions of the instrument" [citation].'"

  3. Brown v. Grimes

    192 Cal.App.4th 265 (Cal. Ct. App. 2011)   Cited 192 times   1 Legal Analyses
    Holding that only when "a party's failure to perform a contractual obligation constitutes a material breach of the contract" is the other party "discharged from its duty to perform under the contract."

  4. Chicago Title Insurance v. AMZ Insurance Services, Inc.

    188 Cal.App.4th 401 (Cal. Ct. App. 2010)   Cited 141 times
    Holding that for ostensible agency to arise from the silence of the principal, the principal must know that the ostensible agent is holding himself out as having agency authority

  5. Annod Corporation v. Hamilton Samuels

    100 Cal.App.4th 1286 (Cal. Ct. App. 2002)   Cited 125 times
    Finding summary judgment in favor of defendants was proper when only evidence of fraudulent conveyances was "badges of fraud," including that the challenged transfers were to insiders, the defendants were the target of litigation at the time, and the defendants were insolvent

  6. Joseph E. Di Loreto, Inc. v. O'Neill

    1 Cal.App.4th 149 (Cal. Ct. App. 1991)   Cited 88 times

    Docket No. B050445. November 21, 1991. Appeal from Superior Court of Los Angeles County, No. SEC66397, John A. Torribio, Judge. COUNSEL Brian R. Shumake for Defendant and Appellant. Beckman Cohen and Joel Beckman for Plaintiffs and Respondents. OPINION LILLIE, P.J. Defendant Ann M. O'Neill appeals from summary judgment in favor of plaintiffs Joseph E. Di Loreto, Inc., a professional law corporation, and Joseph E. Di Loreto (Di Loreto) for the amount of $313,666.73 plus costs on Di Loreto's claim

  7. Whitney Inv. Co. v. Westview Dev. Co.

    273 Cal.App.2d 594 (Cal. Ct. App. 1969)   Cited 79 times
    Noting that, “[w]hile a notice of termination or cancellation of a contract for breach need not be formal and explicit, it should clearly indicate to the defaulting party that the injured party considers the contract terminated”

  8. Apra v. Aureguy

    55 Cal.2d 827 (Cal. 1961)   Cited 40 times

    Docket No. S.F. 20320. May 22, 1961. APPEAL from a judgment of the Superior Court of the City and County of San Francisco. Theresa Meikle, Judge. Affirmed. Bostwick Caputo and Richard P. Caputo for Appellant. William E. Ferriter for Respondent. McCOMB, J. From a judgment in favor of defendant after trial before the court without a jury in an action for an accounting of the amounts due on two notes and for an injunction enjoining defendant from refusing to reconvey to plaintiff one of the notes and

  9. Unruh v. Smith

    123 Cal.App.2d 431 (Cal. Ct. App. 1954)   Cited 23 times
    In Unruh, the Court of Appeal explained that "[a] party to a contract cannot take advantage of his own act or omission to escape liability thereon.

  10. Platt v. Wells Fargo Bank

    222 Cal.App.2d 658 (Cal. Ct. App. 1963)   Cited 12 times
    Deeming irrevocable trust effective upon distribution of assets into trust