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Opposition Objections

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23 Cited authorities

  1. Schifando v. City of Los Angeles

    31 Cal.4th 1074 (Cal. 2003)   Cited 1,264 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

  2. Foley v. Interactive Data Corp.

    47 Cal.3d 654 (Cal. 1988)   Cited 1,145 times   1 Legal Analyses
    Holding that tort damages are not available for breach of an employment contract

  3. Weddington Productions, Inc. v. Flick

    60 Cal.App.4th 793 (Cal. Ct. App. 1998)   Cited 502 times   1 Legal Analyses
    Holding that an agreement "must not only contain all the material terms but also express each in a reasonably definite manner."

  4. CDF Firefighters v. Maldonado

    158 Cal.App.4th 1226 (Cal. Ct. App. 2008)   Cited 348 times
    Listing "plaintiffs performance or excuse for nonperformance" as an element of a claim for breach of contract

  5. City v. Merrill Lynch

    68 Cal.App.4th 445 (Cal. Ct. App. 1998)   Cited 455 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

  6. Memorial Hosp. Sys. v. Northbrook Life Ins. Co.

    904 F.2d 236 (5th Cir. 1990)   Cited 504 times   1 Legal Analyses
    Holding that a third-party healthcare provider's negligent misrepresentation claim was not preempted by ERISA

  7. First Commercial Mortgage Co. v. Reece

    89 Cal.App.4th 731 (Cal. Ct. App. 2001)   Cited 345 times
    Explaining that full credit bid rule does not apply to lender that did not place the bid

  8. Kashmiri v. Regents of University of California

    156 Cal.App.4th 809 (Cal. Ct. App. 2007)   Cited 193 times   1 Legal Analyses
    Holding that the "reasonableness of [a party's] expectation is measured by the definiteness, specificity, or explicit nature of the [contractual provision] at issue"

  9. Pugh v. See's Candies, Inc.

    116 Cal.App.3d 311 (Cal. Ct. App. 1981)   Cited 217 times
    Stating that "where, as here, the employee occupies a sensitive managerial or confidential position, the employer must of necessity be allowed substantial scope for the exercise of subjective judgment"

  10. Rodas v. Spiegel

    87 Cal.App.4th 513 (Cal. Ct. App. 2001)   Cited 77 times
    Affirming trial court's order sustaining the defendant's demurrer based on admissions in a plaintiff's opposition and observing, "[w]e may, and shall, take judicial notice of admissions in plaintiff's opposition to demurrer"

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

    Fed. R. Civ. P. 5   Cited 22,480 times   16 Legal Analyses
    Allowing service by filing papers with the court's electronic-filing system

  12. Section 452 - Allegations liberally construed

    Cal. Code Civ. Proc. § 452   Cited 662 times
    Pleading "must be liberally construed, with a view to substantial justice between the parties"

  13. Section 1621 - Implied contract

    Cal. Civ. Code § 1621   Cited 222 times   1 Legal Analyses
    Recognizing validity of implied contracts

  14. Section 1549 - Generally

    Cal. Civ. Code § 1549   Cited 90 times   2 Legal Analyses
    Defining contract as "an agreement to do or not to do a certain thing"

  15. Section 1013 - Requirements for service by mail

    Cal. Code Civ. Proc. § 1013   Cited 74 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.