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."
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"