35 Cited authorities

  1. Blank v. Kirwan

    39 Cal.3d 311 (Cal. 1985)   Cited 3,071 times
    Holding that the standard for a failure to state a claim is whether "the complaint states facts sufficient to constitute a cause of action"
  2. Quelimane Co. v. Stewart Title Guaranty Co.

    19 Cal.4th 26 (Cal. 1998)   Cited 766 times   1 Legal Analyses
    Holding that title insurer owed no duty of ordinary care to non-clients, commenting that "[i]n the business arena it would be unprecedented to impose a duty on one actor to operate its business in a manner that would ensure the financial success of transactions between third parties"
  3. 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
  4. Morey v. Vannucci

    64 Cal.App.4th 904 (Cal. Ct. App. 1998)   Cited 286 times   1 Legal Analyses
    Holding that the jury had to determine which conflicting evidence to believe before the court could interpret a disputed contract provision
  5. Metropolitan Life v. Noble Lowndes

    84 N.Y.2d 430 (N.Y. 1994)   Cited 227 times   1 Legal Analyses
    Holding proof that “defendant's repudiation of the Agreement was motivated exclusively by its own economic self-interest” is insufficient to show willful misconduct
  6. Mendoza v. Continental Sales Co.

    140 Cal.App.4th 1395 (Cal. Ct. App. 2006)   Cited 131 times
    Concluding that defendants' retention of profits supported a claim for conversion
  7. Kapsis v. Am. Home Mortg. Servicing Inc.

    923 F. Supp. 2d 430 (E.D.N.Y. 2013)   Cited 107 times
    Holding that pattern or practice was shown for nonresponse to Plaintiffs' information request when Plaintiff alleged more than two incidents of non-compliance
  8. Del E. Webb Corp. v. Structural Materials Co.

    123 Cal.App.3d 593 (Cal. Ct. App. 1981)   Cited 238 times
    Holding that an entitlement to future possession is insufficient to maintain an action for conversion
  9. SC Manufactured Homes, Inc. v. Liebert

    162 Cal.App.4th 68 (Cal. Ct. App. 2008)   Cited 109 times
    In SC Manufactured Homes, the operative fact was whether the mobile home park had prohibited the plaintiff from selling to its tenants.
  10. Ludgate Insurance Co. v. Lockheed Martin Corp.

    82 Cal.App.4th 592 (Cal. Ct. App. 2000)   Cited 112 times
    Finding that where “the bond requirement of section 1616 does not...apply, section 1620, subdivision (b), nonetheless gives the trial court discretion to require the nonadmitted alien insurer to put up such a bond”
  11. Section 1668 - Exemption from responsibility of own fraud or willful injury

    Cal. Civ. Code § 1668   Cited 626 times   5 Legal Analyses
    Prohibiting contractual waivers, whether "direct or indirect," that "exempt any one from responsibility for his own ... violation of law"
  12. Section 1642 - Several contracts taken together

    Cal. Civ. Code § 1642   Cited 440 times   3 Legal Analyses

    Several contracts relating to the same matters, between the same parties, and made as parts of substantially one transaction, are to be taken together. Ca. Civ. Code § 1642 Enacted 1872.

  13. Section 369 - Persons allowed to sue without joining persons for whose benefit action prosecuted

    Cal. Code Civ. Proc. § 369   Cited 160 times

    (a) The following persons may sue without joining as parties the persons for whose benefit the action is prosecuted: (1) A personal representative, as defined in subdivision (a) of Section 58 of the Probate Code. (2) A trustee of an express trust. (3) Except for a person upon whom a power of sale has been conferred pursuant to a deed of trust or mortgage, a person with whom, or in whose name, a contract is made for the benefit of another. (4) Any other person expressly authorized by statute. (b)

  14. Section 2343 - Responsible to third person as principal for acts in course of agency

    Cal. Civ. Code § 2343   Cited 138 times   1 Legal Analyses
    Providing "[o]ne who assumes to act as an agent is responsible to third persons as a principal for his acts in the course of his agency . . . [w]hen his acts are wrongful in their nature"