20 Cited authorities

Allen v. City of Sacramento
234 Cal.App.4th 41 (Cal. Ct. App. 2015) Cited 390 times
Holding allegation of "a wrongful arrest or detention, without more, does not" state a claim for violation of the Bane Act
Kim v. Westmoore Partners, Inc.
201 Cal.App.4th 267 (Cal. Ct. App. 2011) Cited 211 times 1 Legal Analyses
Affirming denial of section 473(b) motion where the declarant failed to include specific facts "which the court might have been able to assess in determining whether his failure to respond was actually excusable in the circumstances"
American Master Lease LLC v. Idanta Partners, Ltd.
225 Cal.App.4th 1451 (Cal. Ct. App. 2014) Cited 164 times
Holding that both restitutionary and nonrestitutionary "[d]isgorgement based on unjust enrichment [are] appropriate remed[ies] for aiding and abetting a breach of fiduciary duty"
PCO Inc. v. Christensen, Miller, Fink, Jacobs, Glaser, Weil & Shapiro, LLP
150 Cal.App.4th 384 (Cal. Ct. App. 2007) Cited 199 times 1 Legal Analyses
Holding that "[m]oney cannot be the subject of a cause of action for conversion unless there is a specific, identifiable sum involved."
Ivanoff v. Bank of Am., N.A.
9 Cal.App.5th 719 (Cal. Ct. App. 2017) Cited 131 times
Holding fraud claims "governed by" three-year statute of limitations
Cellular Plus, Inc. v. Superior Court
14 Cal.App.4th 1224 (Cal. Ct. App. 1993) Cited 100 times
Holding that, under California law, "filed rate" doctrine would not preclude suit for damages by person injured by reason of a price fixing conspiracy even if the fixed prices had been approved by the relevant regulatory agency
Chicago Title Ins. Co. v. Great Western Financial Corp.
69 Cal.2d 305 (Cal. 1968) Cited 170 times 1 Legal Analyses
Holding that, notwithstanding the provisions of § 16756, "[g]eneral allegations of the existence and purpose of the conspiracy are insufficient and [plaintiff] must allege specific overt acts in furtherance thereof"
City of South Pasadena v. Department of Transportation
29 Cal.App.4th 1280 (Cal. Ct. App. 1994) Cited 62 times
In South Pasadena, the Third Appellate District held the abuse of discretion standard to be generally inappropriate in summary judgment proceedings: "'The only exception to the independent review standard applies when we review a trial court's exercise of discretion as allowed by Code of Civil Procedure section 437c, subdivision (e).
Schick v. Lerner
193 Cal.App.3d 1321 (Cal. Ct. App. 1987) Cited 56 times
Finding an attorney owed no duty to psychologist's patient since patient was "a potential adverse party whose interest could not be represented by [the psychologist's] chosen counsel"
State ex rel. Bowen v. Bank of America Corp.
126 Cal.App.4th 225 (Cal. Ct. App. 2005) Cited 27 times 1 Legal Analyses
In Bowen a qui tam plaintiff sued a group of banks under the CFCA alleging that the banks failed to report as escheated property unearned and unreturned reconveyance fees they were holding.
Section 496 - Buying or receipt of stolen property
Cal. Pen. Code § 496 Cited 4,993 times 7 Legal Analyses
Relating to receipt of stolen property
Section 430.10 - Grounds for objection by party against whom complaint or cross-complaint filed
Cal. Code Civ. Proc. § 430.10 Cited 1,043 times
Explaining "[t]he party against whom a complaint ... has been filed may object, by demurrer ..., to the pleading" on the basis that "[t]he pleading does not state facts sufficient to constitute a cause of action"

Reply of Raz Investments Inc And Yanni Raz To Plaintiffs Opposition To The Demurrer To Plaintiffs First Amended Complaint Memorandum of Points And Authorities In Support Thereof

20 Cited authorities

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

Affirming denial of section 473(b) motion where the declarant failed to include specific facts "which the court might have been able to assess in determining whether his failure to respond was actually excusable in the circumstances"

Holding that both restitutionary and nonrestitutionary "[d]isgorgement based on unjust enrichment [are] appropriate remed[ies] for aiding and abetting a breach of fiduciary duty"

Holding that "[m]oney cannot be the subject of a cause of action for conversion unless there is a specific, identifiable sum involved."

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

Holding that, under California law, "filed rate" doctrine would not preclude suit for damages by person injured by reason of a price fixing conspiracy even if the fixed prices had been approved by the relevant regulatory agency

Holding that, notwithstanding the provisions of § 16756, "[g]eneral allegations of the existence and purpose of the conspiracy are insufficient and [plaintiff] must allege specific overt acts in furtherance thereof"

Finding an attorney owed no duty to psychologist's patient since patient was "a potential adverse party whose interest could not be represented by [the psychologist's] chosen counsel"

In Bowen a qui tam plaintiff sued a group of banks under the CFCA alleging that the banks failed to report as escheated property unearned and unreturned reconveyance fees they were holding.

Relating to receipt of stolen property

Explaining "[t]he party against whom a complaint ... has been filed may object, by demurrer ..., to the pleading" on the basis that "[t]he pleading does not state facts sufficient to constitute a cause of action"