§Why CasetextPricing

Memorandum Points and Authorities

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19 Cited authorities

  1. Oasis West Realty, LLC v. Goldman

    51 Cal.4th 811 (Cal. 2011)   Cited 1,311 times   2 Legal Analyses
    Recognizing that an attorney "may not do anything which will injuriously affect former client in any matter in which [the attorney] formerly represented [the client]"

  2. Schifando v. City of Los Angeles

    31 Cal.4th 1074 (Cal. 2003)   Cited 1,272 times
    Denying request where the materials sought to be judicially noticed were not particularly supportive of the respondent's cause or relevant to the action and noting that "[n]o party has alleged" what the amicus curiae had purported to respond to

  3. City v. Merrill Lynch

    68 Cal.App.4th 445 (Cal. Ct. App. 1998)   Cited 458 times
    Holding allegation that brokerage firm encouraged client to undertake "imprudent and unsuitable" investment program that included "speculative investments in extremely volatile securities, risky transactions in highly leveraged interest-bearing instruments, and excessive commissions" sufficient to state a claim for breach of fiduciary duty

  4. Khoury v. Maly's of California, Inc.

    14 Cal.App.4th 612 (Cal. Ct. App. 1993)   Cited 385 times
    Holding that " demurrer for uncertainty is strictly construed, even where a complaint is in some respects uncertain, because ambiguities can be clarified under modern discovery procedures."

  5. Sunset Drive Corp. v. City of Redlands

    73 Cal.App.4th 215 (Cal. Ct. App. 1999)   Cited 80 times   1 Legal Analyses
    Finding "combined petition for writ of mandate and complaint for damages for violation of . . . civil rights" stated claims for both mandate and damages

  6. Joslin v. H.A.S. Ins. Brokerage

    184 Cal.App.3d 369 (Cal. Ct. App. 1986)   Cited 113 times
    In Joslin v. H.A.S. Ins. Brokerage (1986) 184 Cal.App.3d 369, the plaintiffs brought an action against an automobile service company for failure to pay for defects in an automobile.

  7. Stevens v. Superior Court of Los Angeles County

    75 Cal.App.4th 594 (Cal. Ct. App. 1999)   Cited 70 times
    Holding that plaintiff may bring a claim under the UCL based on a violation of insurance licensing requirements because the statutes did not bar private enforcement

  8. Cedars Sinai Medical Center v. Mid-West Nat. Life Ins. Co.

    118 F. Supp. 2d 1002 (C.D. Cal. 2000)   Cited 60 times
    Holding the undisputed facts showed defendant did not objectively "exhibit[] an intent to contract"

  9. Tenet Healthsystem Desert, Inc. v. Fortis Ins. Co., Inc.

    520 F. Supp. 2d 1184 (C.D. Cal. 2007)   Cited 30 times
    Finding that health insurer did not manifest intent to pay for health provider's services merely by verifying insured's coverage status for medical provider

  10. Weitzenkorn v. Lesser

    40 Cal.2d 778 (Cal. 1953)   Cited 145 times
    Holding that determination of novelty is a question of law

  11. Rule 5 - Serving and Filing Pleadings and Other Papers

    Fed. R. Civ. P. 5   Cited 23,110 times   16 Legal Analyses
    Providing for service via CM/ECF Systems

  12. Section 430.10 - Grounds for objection by party against whom complaint or cross-complaint filed

    Cal. Code Civ. Proc. § 430.10   Cited 1,051 times
    Explaining "[t]he party against whom a complaint ... has been filed may object, by demurrer ..., to the pleading" on the basis that "[t]he pleading does not state facts sufficient to constitute a cause of action"

  13. Section 452 - Allegations liberally construed

    Cal. Code Civ. Proc. § 452   Cited 664 times
    Pleading "must be liberally construed, with a view to substantial justice between the parties"

  14. Section 1013 - Requirements for service by mail

    Cal. Code Civ. Proc. § 1013   Cited 78 times

    (a) In case of service by mail, the notice or other paper shall be deposited in a post office, mailbox, subpost office, substation, or mail chute, or other like facility regularly maintained by the United States Postal Service, in a sealed envelope, with postage paid, addressed to the person on whom it is to be served, at the office address as last given by that person on any document filed in the cause and served on the party making service by mail; otherwise at that party's place of residence.