28 Cited authorities

Lazar v. Superior Court
12 Cal.4th 631 (Cal. 1996) Cited 1,686 times 3 Legal Analyses
Holding that justifiable reliance is a required element of a fraud claim
Allen v. City of Sacramento
234 Cal.App.4th 41 (Cal. Ct. App. 2015) Cited 408 times
Holding allegation of "a wrongful arrest or detention, without more, does not" state a claim for violation of the Bane Act
Alliance Mortgage Co. v. Rothwell
10 Cal.4th 1226 (Cal. 1995) Cited 721 times 2 Legal Analyses
Holding that antideficiency statutes do not preclude an action against the borrower for fraud in the inducement of the loan
McBride v. Boughton
123 Cal.App.4th 379 (Cal. Ct. App. 2004) Cited 487 times
Holding that common count will "stand or fall" with cause of action seeking the same recovery
City of Hope Nat. Medical Center v. Genentech, Inc.
43 Cal.4th 375 (Cal. 2008) Cited 397 times
Holding that when "ascertaining the intent of the parties at the time the contract was executed depends on the credibility of extrinsic evidence, that credibility determination and the interpretation of the contract are questions of fact that may properly be resolved by the jury"
Apollo Capital Fund Llc. v. Roth Capital Partners, LLC
158 Cal.App.4th 226 (Cal. Ct. App. 2007) Cited 311 times 5 Legal Analyses
Holding that a securities "placement agent" employed by the issuing company was not liable because the issuing company did not transfer the securities to the plaintiffs
Oakland Raiders v. National Football League
131 Cal.App.4th 621 (Cal. Ct. App. 2005) Cited 249 times
Finding no principal and agent relationship between the Raiders and the NFL or the Raiders and the Commissioner of the NFL, in part because there are circumstances where the NFL is obligated under its constitution to take actions adverse to its member teams
Farmers Ins. Exchange v. Zerin
53 Cal.App.4th 445 (Cal. Ct. App. 1997) Cited 314 times
Holding that insured's obligation to hold third party recoveries "in trust" for the insurer was no more than a "bare promise to reimburse" the insurer, and that " promise to hold property in trust for another, standing alone, will not create an equitable interest in that property"
Charnay v. Cobert
145 Cal.App.4th 170 (Cal. Ct. App. 2006) Cited 196 times
Listing the elements of fraud, including "resulting damage"
Ivanoff v. Bank of Am., N.A.
9 Cal.App.5th 719 (Cal. Ct. App. 2017) Cited 132 times
Holding fraud claims "governed by" three-year statute of limitations

Demurrer Without Motion To Strike

28 Cited authorities

Holding that justifiable reliance is a required element of a fraud claim

Holding allegation of "a wrongful arrest or detention, without more, does not" state a claim for violation of the Bane Act

Holding that antideficiency statutes do not preclude an action against the borrower for fraud in the inducement of the loan

Holding that common count will "stand or fall" with cause of action seeking the same recovery

Holding that when "ascertaining the intent of the parties at the time the contract was executed depends on the credibility of extrinsic evidence, that credibility determination and the interpretation of the contract are questions of fact that may properly be resolved by the jury"

Holding that a securities "placement agent" employed by the issuing company was not liable because the issuing company did not transfer the securities to the plaintiffs

Finding no principal and agent relationship between the Raiders and the NFL or the Raiders and the Commissioner of the NFL, in part because there are circumstances where the NFL is obligated under its constitution to take actions adverse to its member teams

Holding that insured's obligation to hold third party recoveries "in trust" for the insurer was no more than a "bare promise to reimburse" the insurer, and that " promise to hold property in trust for another, standing alone, will not create an equitable interest in that property"

Listing the elements of fraud, including "resulting damage"

Holding fraud claims "governed by" three-year statute of limitations