Blank v. Kirwan
39 Cal.3d 311 (Cal. 1985) Cited 3,047 timesHolding that the standard for a failure to state a claim is whether "the complaint states facts sufficient to constitute a cause of action"
Alliance Mortgage Co. v. Rothwell
10 Cal.4th 1226 (Cal. 1995) Cited 719 times 2 Legal AnalysesHolding that antideficiency statutes do not preclude an action against the borrower for fraud in the inducement of the loan
Miklosy v. Regents of University of California
44 Cal.4th 876 (Cal. 2008) Cited 463 times 1 Legal AnalysesHolding that when "alleged wrongful conduct ... occur at the worksite, in the normal course of the employer-employee relationship ... workers' compensation is a plaintiff exclusive remedy for any injury that may" result
City v. Merrill Lynch
68 Cal.App.4th 445 (Cal. Ct. App. 1998) Cited 455 timesHolding 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
Bily v. Arthur Young & Co.
3 Cal.4th 370 (Cal. 1992) Cited 544 times 6 Legal AnalysesHolding that an accountant is liable for negligent misrepresentation to a third party only if he knowingly supplies the information for the benefit of the third party, and the information is relied on by the third party in a transaction previously identified to the accountant, or a substantially similar transaction
Tarmann v. State Farm Mut. Auto. Ins. Co.
2 Cal.App.4th 153 (Cal. Ct. App. 1991) Cited 493 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”
Ochs v. PacifiCare of California
115 Cal.App.4th 782 (Cal. Ct. App. 2004) Cited 99 times 2 Legal AnalysesFinding such a cause of action exists
Feitelberg v. Credit Suisse First Boston, LLC
134 Cal.App.4th 997 (Cal. Ct. App. 2005) Cited 92 times 1 Legal AnalysesHolding that rule applies to class action plaintiffs
Doheny Park Terrace Homeowners Assn., Inc. v. Truck Ins. Exchange
132 Cal.App.4th 1076 (Cal. Ct. App. 2005) Cited 75 timesHolding insured's request for reconsideration of denial does not extend limitations period
Rodas v. Spiegel
87 Cal.App.4th 513 (Cal. Ct. App. 2001) Cited 77 timesAffirming 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"
Rule 5 - Serving and Filing Pleadings and Other Papers
Fed. R. Civ. P. 5 Cited 22,480 times 16 Legal AnalysesAllowing service by filing papers with the court's electronic-filing system
Section 1300.71 - Claims Settlement Practices
Cal. Code Regs. tit. 28 § 1300.71 Cited 37 times 2 Legal AnalysesAddressing how to calculate the reasonable and customary value of the health care services provided