25 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"
McKell v. Washington Mutual Inc.
142 Cal.App.4th 1457 (Cal. Ct. App. 2006) Cited 711 times 1 Legal Analyses
Holding that a loan transaction is a business practice under the UCL
Small v. Fritz Cos., Inc.
30 Cal.4th 167 (Cal. 2003) Cited 636 times 5 Legal Analyses
Holding that complaint for negligent misrepresentation in a holder action must be "pled with the same specificity required in a holder's action for fraud."
Evans v. City of Berkeley
38 Cal.4th 1 (Cal. 2006) Cited 547 times
Rejecting allegation contradicted by judicially noticed facts
Romano v. Rockwell Internat., Inc.
14 Cal.4th 479 (Cal. 1996) Cited 585 times
Holding that a FEHA action for discriminatory discharge does not commence until the actual discharge
Doe v. City of Los Angeles
42 Cal.4th 531 (Cal. 2007) Cited 265 times
Holding courts construing California statutes "may not broaden or narrow the scope of the provision by reading into it language that does not appear in it or reading out of it language that does."
Kim v. Westmoore Partners, Inc.
201 Cal.App.4th 267 (Cal. Ct. App. 2011) Cited 215 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"
Freeman Mills, Inc. v. Belcher Oil Co.
11 Cal.4th 85 (Cal. 1995) Cited 228 times
Concluding that, with the exception of insurance contracts, there can be no tort recovery for breach of the implied covenant of good faith and fair dealing, "at least in the absence of violation of `an independent duty arising from principles of tort law'"
Warner Constr. Corp. v. City of Los Angeles
2 Cal.3d 285 (Cal. 1970) Cited 206 times
Holding that the "nondisclosure of the cave-ins and special drilling techniques used in drilling the test holes transformed" the logs contained in the plans and specifications of the contract for construction into "misleading half-truths"
Windham at Carmel Mountain Ranch Assn. v. Superior Court
109 Cal.App.4th 1162 (Cal. Ct. App. 2003) Cited 69 times
Noting that exceptions to privity apply to certain products
Section 17200 - Unfair competition defined
Cal. Bus. & Prof. Code § 17200 Cited 18,266 times 315 Legal Analyses
Prohibiting unlawful business practices

Demurrer

25 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 a loan transaction is a business practice under the UCL

Holding that complaint for negligent misrepresentation in a holder action must be "pled with the same specificity required in a holder's action for fraud."

Rejecting allegation contradicted by judicially noticed facts

Holding that a FEHA action for discriminatory discharge does not commence until the actual discharge

Holding courts construing California statutes "may not broaden or narrow the scope of the provision by reading into it language that does not appear in it or reading out of it language that does."

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"

Concluding that, with the exception of insurance contracts, there can be no tort recovery for breach of the implied covenant of good faith and fair dealing, "at least in the absence of violation of `an independent duty arising from principles of tort law'"

Holding that the "nondisclosure of the cave-ins and special drilling techniques used in drilling the test holes transformed" the logs contained in the plans and specifications of the contract for construction into "misleading half-truths"

Noting that exceptions to privity apply to certain products

Prohibiting unlawful business practices