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"
Robinson Helicopter Co. v. Dana Corp.
34 Cal.4th 979 (Cal. 2004) Cited 751 times 3 Legal AnalysesHolding the "narrow" exception to the economic loss rule is "limited to a defendant's affirmative misrepresentations on which a plaintiff relies and which expose a plaintiff to liability for personal damages."
Allen v. City of Sacramento
234 Cal.App.4th 41 (Cal. Ct. App. 2015) Cited 378 timesHolding allegation of "a wrongful arrest or detention, without more, does not" state a claim for violation of the Bane Act
Reichardt v. Hoffman
52 Cal.App.4th 754 (Cal. Ct. App. 1997) Cited 618 times 1 Legal AnalysesRecognizing that absent an exceptional showing of good cause, an appellate court will not address issues raised for the first time in a reply brief
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
Committee on Children's Television, Inc. v. General Foods Corp.
35 Cal.3d 197 (Cal. 1983) Cited 711 times 1 Legal AnalysesHolding that no fiduciary relationship existed between advertisers of cereal and consumers because "it is unnecessary to call upon the law of fiduciary relationships to perform a function for which it was not designed and is largely unsuited"
Burgess v. Superior Court
2 Cal.4th 1064 (Cal. 1992) Cited 419 timesHolding "negligent causing of emotional distress is not an independent tort, but the tort of negligence"; requiring plaintiff alleging entitlement to damages based on "negligent causing of emotional distress" to establish all elements of negligence claim, including "duty"
Khoury v. Maly's of California, Inc.
14 Cal.App.4th 612 (Cal. Ct. App. 1993) Cited 382 timesHolding that " demurrer for uncertainty is strictly construed, even where a complaint is in some respects uncertain, because ambiguities can be clarified under modern discovery procedures."
North American Chemical Co. v. Superior Court
59 Cal.App.4th 764 (Cal. Ct. App. 1997) Cited 234 timesHolding the economic loss rule does not apply in cases involving the negligent performance of services that results in foreseeable economic loss
Biakanja v. Irving
49 Cal.2d 647 (Cal. 1958) Cited 769 times 7 Legal AnalysesHolding that a decedent's intended beneficiary had a special relationship with the notary public who had prepared a defective will