43 Cited authorities

Korea Supply Co. v. Lockheed Martin Corp.
29 Cal.4th 1134 (Cal. 2003) Cited 1,705 times 17 Legal Analyses
Holding that plaintiff cannot recover damages under Cal. Bus. Prof. Code § 17200 unless plaintiff has "an ownership interest in the money it seeks to recover"
Blank v. Kirwan
39 Cal.3d 311 (Cal. 1985) Cited 3,093 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"
Aubry v. Tri-City Hospital Dist.
2 Cal.4th 962 (Cal. 1992) Cited 1,198 times 1 Legal Analyses
In Aubry, supra, 42 Cal.App.4th 579 at pages 587 through 588, 49 Cal.Rptr.2d 703, the court, citing language from Labor Council, held the Regents were not required to pay private contractors the prevailing wage under section 1770 et seq., which applies to public works, for the construction of student and staff housing.
Lee v. Hanley
61 Cal.4th 1225 (Cal. 2015) Cited 335 times 1 Legal Analyses
Holding that § 340.6 did not bar plaintiff's fee dispute claim that attorney refused to return unearned attorney's fees, because the claim could also be construed as conversion
Della Penna v. Toyota Motor Sales, U.S.A., Inc.
11 Cal.4th 376 (Cal. 1995) Cited 530 times 6 Legal Analyses
Holding that the tort of intentional or negligence interference with prospective economic advantage requires that a defendant's interference be wrongful "by some measure beyond the fact of the interference itself
Committee for Green Foothills v. Santa Clara County Bd. of Supervisors
48 Cal.4th 32 (Cal. 2010) Cited 331 times 15 Legal Analyses
Finding trails agreement not separate agreement but subsequent activity encompassed in original project
Daniels v. Select Portfolio Servicing, Inc.
246 Cal.App.4th 1150 (Cal. Ct. App. 2016) Cited 233 times 2 Legal Analyses
Holding complaint failed to adequately plead successor liability at California's demurrer stage where it did not allege that the defendant "purchased or otherwise acquired [the corporation's] principal assets"
Jordache Enterprises v. Brobeck, Phleger Harrison
18 Cal.4th 739 (Cal. 1998) Cited 340 times 4 Legal Analyses
Holding that statute of limitations is tolled until occurrence of actual injury
Hahn v. Mirda
147 Cal.App.4th 740 (Cal. Ct. App. 2007) Cited 210 times
Holding plaintiff, to state viable claim for fraud based on "concealment," must allege defendant was "under a duty to disclose the fact to the plaintiff"
Wyatt v. Union Mortgage Co.
24 Cal.3d 773 (Cal. 1979) Cited 403 times
Holding that where the "gravamen of respondents' cause of action is that the appellants committed actual and constructive fraud by conspiring to breach their fiduciary duties . . . Code of Civil Procedure section 338, subdivision 4 states the applicable statute of limitations"

Opposition Objections

43 Cited authorities

Holding that plaintiff cannot recover damages under Cal. Bus. Prof. Code § 17200 unless plaintiff has "an ownership interest in the money it seeks to recover"

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 § 340.6 did not bar plaintiff's fee dispute claim that attorney refused to return unearned attorney's fees, because the claim could also be construed as conversion

Holding that the tort of intentional or negligence interference with prospective economic advantage requires that a defendant's interference be wrongful "by some measure beyond the fact of the interference itself

Finding trails agreement not separate agreement but subsequent activity encompassed in original project

Holding complaint failed to adequately plead successor liability at California's demurrer stage where it did not allege that the defendant "purchased or otherwise acquired [the corporation's] principal assets"

Holding that statute of limitations is tolled until occurrence of actual injury

Holding plaintiff, to state viable claim for fraud based on "concealment," must allege defendant was "under a duty to disclose the fact to the plaintiff"

Holding that where the "gravamen of respondents' cause of action is that the appellants committed actual and constructive fraud by conspiring to breach their fiduciary duties . . . Code of Civil Procedure section 338, subdivision 4 states the applicable statute of limitations"