Tarmann v. State Farm Mut. Auto. Ins. Co.
2 Cal.App.4th 153 (Cal. Ct. App. 1991) Cited 498 timesHolding that, when suing a corporate defendant for fraud, a plaintiff must include “the names of the persons who made the allegedly fraudulent representations, their authority to speak, to whom they spoke, what they said or wrote, and when it was said or written”
Serrano v. Priest
5 Cal.3d 584 (Cal. 1971) Cited 538 timesHolding that the structure of the education funding system in California denied students equal protection
Southern Cal. Edison Co. v. Superior Court
37 Cal.App.4th 839 (Cal. Ct. App. 1995) Cited 119 timesStating that the question for the court is whether the contract is "reasonably susceptible" to the meaning urged
Qualcomm v. Certain Underwriters
161 Cal.App.4th 184 (Cal. Ct. App. 2008) Cited 62 times 7 Legal AnalysesInterpreting “full amount of $20,000” to mean that the insured must pay the entire limit of liability to trigger its excess coverage
Trinity Park, L.P. v. City of Sunnyvale
193 Cal.App.4th 1014 (Cal. Ct. App. 2011) Cited 33 times 3 Legal AnalysesApproving judicial notice of official acts taken by a city
Ranchwood Communities Limited Partnership v. Jim Beat Construction Co.
49 Cal.App.4th 1397 (Cal. Ct. App. 1996) Cited 34 timesStating that an unlicensed contractor may maintain a cause of action for breach of contract unrelated to his construction work
Kuchta v. Allied Builders Corp.
21 Cal.App.3d 541 (Cal. Ct. App. 1971) Cited 45 timesFinding jury determination of agency was appropriate where evidence outside of the franchise agreement demonstrated the relationship was more than that of an independent contractor, which was the type of relationship specified in the franchise agreement
Chelini v. Nieri
32 Cal.2d 480 (Cal. 1948) Cited 90 timesIn Chelini, the court found that emotional distress damages were warranted for breach of a contract with a mortician to preserve the body of plaintiff's mother which caused the body to become a "rotted, decomposed and insect and worm infested mass."
Hilltop Properties v. State of California
233 Cal.App.2d 349 (Cal. Ct. App. 1965) Cited 52 timesHolding plaintiff stated a promissory estoppel cause of action against the state based on allegations that it detrimentally relied on a promise by state officials to buy certain real property
Horn v. Guaranty Chevrolet Motors
270 Cal.App.2d 477 (Cal. Ct. App. 1969) Cited 31 timesIn Horn v. Guaranty Chevrolet Motors, 270 Cal.App.2d 477, 75 Cal.Rptr. 871 (Cal.Ct.App. 1969), the plaintiff bought a car represented to him as being new but which actually had been previously stolen and damaged.
Section 452 - Allegations liberally construed
Cal. Code Civ. Proc. § 452 Cited 664 timesPleading "must be liberally construed, with a view to substantial justice between the parties"