35 Cited authorities

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"
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"
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
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
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
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
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
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
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.
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”
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"
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.
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)
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"

Opposition To Defendants Demurrer To Complaint

35 Cited authorities

Holding that the standard for a failure to state a claim is whether "the complaint states facts sufficient to constitute a cause of action"

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"

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 that the jury had to determine which conflicting evidence to believe before the court could interpret a disputed contract provision

Holding proof that “defendant's repudiation of the Agreement was motivated exclusively by its own economic self-interest” is insufficient to show willful misconduct

Concluding that defendants' retention of profits supported a claim for conversion

Holding that pattern or practice was shown for nonresponse to Plaintiffs' information request when Plaintiff alleged more than two incidents of non-compliance

Holding that an entitlement to future possession is insufficient to maintain an action for conversion

In SC Manufactured Homes, the operative fact was whether the mobile home park had prohibited the plaintiff from selling to its tenants.

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”

Prohibiting contractual waivers, whether "direct or indirect," that "exempt any one from responsibility for his own ... violation of law"

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"