26 Cited authorities

Guz v. Bechtel National, Inc.
24 Cal.4th 317 (Cal. 2000) Cited 3,329 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 944 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
Winet v. Price
4 Cal.App.4th 1159 (Cal. Ct. App. 1992) Cited 676 times
In Winet, the California Court of Appeals interpreted Section 1542 as holding that only the outward expression of the parties was indicative of the releaser's state of mind. Based upon the rationale of Winet, Chief Judge Lambros rejected Gillig's attempt to establish his state of mind at the time of the execution of the release.
Casa Herrera, Inc. v. Beydoun
32 Cal.4th 336 (Cal. 2004) Cited 343 times 2 Legal Analyses
Holding oral or written extrinsic evidence may not be introduced "to vary, alter or add to the terms of an integrated written instrument," but only "to explain the meaning of a written contract . . . [if] the meaning urged is one to which the written contract terms are reasonably susceptible"
Pacific Gas E. Co. v. G.W. Thomas Drayage Etc. Co.
69 Cal.2d 33 (Cal. 1968) Cited 1,038 times 1 Legal Analyses
Holding that the court erroneously refused to consider extrinsic evidence offered to prove the meaning of a provision to which it was reasonably susceptible
US Ecology, Inc. v. State
129 Cal.App.4th 887 (Cal. Ct. App. 2005) Cited 306 times
Holding that causation is an element of a promissory estoppel claim
Kajima/Ray Wilson v. Los Angeles County Metropolitan Transportation Authority
23 Cal.4th 305 (Cal. 2000) Cited 230 times 1 Legal Analyses
Holding that in California a promise is enforceable absent consideration if the promisor should reasonably expect the promisee to rely on the promise, the promisee does rely on the promise, and injustice can be avoided only by enforcement of the promise
Comunale v. Traders & General Ins. Co.
50 Cal.2d 654 (Cal. 1958) Cited 592 times 7 Legal Analyses
Holding that an insured has a cause of action for bad faith if an insurer mishandles a claim by a third party against the insured
Richman v. Hartley
224 Cal.App.4th 1182 (Cal. Ct. App. 2014) Cited 101 times
Stating the elements of such a claim under California law
Pacific Gas Electric Co. v. Zuckerman
189 Cal.App.3d 1113 (Cal. Ct. App. 1987) Cited 215 times 1 Legal Analyses
In Zuckerman, an expert estimated the value of a property by using a comparative property that "include[d] various fixtures, rights, improvements, and personal property which the property being [valued did] not include."
Section 17200 - Unfair competition defined
Cal. Bus. & Prof. Code § 17200 Cited 18,495 times 318 Legal Analyses
Prohibiting unlawful business practices
Section 200 - Definitions
Cal. Lab. Code § 200 Cited 399 times 6 Legal Analyses
Applying this definition to "this article," meaning Cal. Lab. Code §§ 200 – 244

Order Submitted Matter

26 Cited authorities

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

Holding oral or written extrinsic evidence may not be introduced "to vary, alter or add to the terms of an integrated written instrument," but only "to explain the meaning of a written contract . . . [if] the meaning urged is one to which the written contract terms are reasonably susceptible"

Holding that the court erroneously refused to consider extrinsic evidence offered to prove the meaning of a provision to which it was reasonably susceptible

Holding that causation is an element of a promissory estoppel claim

Holding that in California a promise is enforceable absent consideration if the promisor should reasonably expect the promisee to rely on the promise, the promisee does rely on the promise, and injustice can be avoided only by enforcement of the promise

Holding that an insured has a cause of action for bad faith if an insurer mishandles a claim by a third party against the insured

Stating the elements of such a claim under California law

In Zuckerman, an expert estimated the value of a property by using a comparative property that "include[d] various fixtures, rights, improvements, and personal property which the property being [valued did] not include."

Prohibiting unlawful business practices

Applying this definition to "this article," meaning Cal. Lab. Code §§ 200 – 244