29 Cited authorities

Brunswick Corp. v. Pueblo Bowl-O-Mat, Inc.
429 U.S. 477 (1977) Cited 2,090 times 20 Legal Analyses
Holding that mere economic loss does not amount to an antitrust injury under the antitrust laws
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."
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
ZB v. Superior Court
8 Cal.5th 175 (Cal. 2019) Cited 158 times 5 Legal Analyses
Affirming dismissal of tort claims alleging violations of regulations governing California's Department of Corrections and Rehabilitation
Eastburn v. Regional Fire Protection Auth.
31 Cal.4th 1175 (Cal. 2003) Cited 226 times 1 Legal Analyses
Holding that "direct tort liability of public entities must be based on a specific statute declaring them to be liable, or at least creating some specific duty of care" other than the general duty of ordinary care found in California Civil Code § 1714
Caliber Bodyworks, Inc. v. Superior Court
134 Cal.App.4th 365 (Cal. Ct. App. 2005) Cited 204 times 6 Legal Analyses
Holding that plaintiffs could not pursue civil penalties for a Section 558 violation without complying with the pre-filing notice and exhaustion requirements of PAGA
Kong v. City of Hawaiian Gardens Redevelopment Agency
108 Cal.App.4th 1028 (Cal. Ct. App. 2002) Cited 115 times
Reversing order sustaining demurrer and directing trial court to allow amendment because plaintiff's representations at oral argument indicated he could amend to state a cause of action
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"

Hearing Demurrer

29 Cited authorities

Holding that mere economic loss does not amount to an antitrust injury under the antitrust laws

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 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

Affirming dismissal of tort claims alleging violations of regulations governing California's Department of Corrections and Rehabilitation

Holding that "direct tort liability of public entities must be based on a specific statute declaring them to be liable, or at least creating some specific duty of care" other than the general duty of ordinary care found in California Civil Code § 1714

Holding that plaintiffs could not pursue civil penalties for a Section 558 violation without complying with the pre-filing notice and exhaustion requirements of PAGA

Reversing order sustaining demurrer and directing trial court to allow amendment because plaintiff's representations at oral argument indicated he could amend to state a cause of action

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"