21 Cited authorities

Applied Equipment Corp. v. Litton Saudi Arabia Ltd.
7 Cal.4th 503 (Cal. 1994) Cited 1,159 times 5 Legal Analyses
Holding that there is no separate cause of action for civil conspiracy, and that to establish such an action, a plaintiff must show some other underlying tort or civil wrong
Robinson Helicopter Co. v. Dana Corp.
34 Cal.4th 979 (Cal. 2004) Cited 717 times 3 Legal Analyses
Holding 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."
Reichardt v. Hoffman
52 Cal.App.4th 754 (Cal. Ct. App. 1997) Cited 604 times 1 Legal Analyses
Recognizing that absent an exceptional showing of good cause, an appellate court will not address issues raised for the first time in a reply brief
Committee on Children's Television, Inc. v. General Foods Corp.
35 Cal.3d 197 (Cal. 1983) Cited 704 times 1 Legal Analyses
Holding 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"
Prakashpalan v. Engstrom, Lipscomb & Lack
223 Cal.App.4th 1105 (Cal. Ct. App. 2014) Cited 213 times 1 Legal Analyses
Affirming dismissal of UCL cause of action against attorney where attorney's violation of Rule 3-310 was alleged as a fraudulent, unfair, and unlawful act, but plaintiff failed to allege causation of damage from that violation
AAS v. SUPERIOR COURT
24 Cal.4th 627 (Cal. 2000) Cited 275 times 18 Legal Analyses
Finding diminished value of residences containing hazardous defects not compensable
Oakdale Village Group v. Fong
43 Cal.App.4th 539 (Cal. Ct. App. 1996) Cited 174 times
Noting that “[c]onversion is ... a strict liability tort”
Poseidon Dev., Inc. v. Woodland Lane Estates, LLC
152 Cal.App.4th 1106 (Cal. Ct. App. 2007) Cited 123 times
Finding that a late charge for nonpayment of final balloon payment on a promissory note was an unenforceable penalty because, based on the contractual language, the late charge was only intended to be applied to the late installment payments rather than the final balloon payment
Williams v. Beechnut Nutrition Corp.
185 Cal.App.3d 135 (Cal. Ct. App. 1986) Cited 158 times
Holding that to state a prima facie case for breach of express warranty a plaintiff must allege that the breach of warranty proximately caused an injury
United Guar. Mortg. Indem. Co. v. Countrywide Financial Corp.
660 F. Supp. 2d 1163 (C.D. Cal. 2009) Cited 81 times
Finding the plaintiff's negligence and negligent misrepresentation claims barred by the economic loss rule where "the alleged misrepresentations are not conceptually distinct from the contract"

Notice Entry of Order

21 Cited authorities

Holding that there is no separate cause of action for civil conspiracy, and that to establish such an action, a plaintiff must show some other underlying tort or civil wrong

Holding 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."

Recognizing that absent an exceptional showing of good cause, an appellate court will not address issues raised for the first time in a reply brief

Holding 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"

Affirming dismissal of UCL cause of action against attorney where attorney's violation of Rule 3-310 was alleged as a fraudulent, unfair, and unlawful act, but plaintiff failed to allege causation of damage from that violation

Finding diminished value of residences containing hazardous defects not compensable

Noting that “[c]onversion is ... a strict liability tort”

Finding that a late charge for nonpayment of final balloon payment on a promissory note was an unenforceable penalty because, based on the contractual language, the late charge was only intended to be applied to the late installment payments rather than the final balloon payment

Holding that to state a prima facie case for breach of express warranty a plaintiff must allege that the breach of warranty proximately caused an injury

Finding the plaintiff's negligence and negligent misrepresentation claims barred by the economic loss rule where "the alleged misrepresentations are not conceptually distinct from the contract"