25 Cited authorities

Guz v. Bechtel National, Inc.
24 Cal.4th 317 (Cal. 2000) Cited 3,301 times 4 Legal Analyses
Holding that an implied covenant "cannot be endowed with an existence independent of its contractual underpinnings. It cannot impose substantive duties or limits on the contracting parties beyond those incorporated in the specific terms of their agreement."
Soukup v. Law Offices of Herbert Hafif
39 Cal.4th 260 (Cal. 2006) Cited 1,177 times 3 Legal Analyses
Holding that the question is whether "the complaint is both legally sufficient and supported by a sufficient prima facie showing of facts to sustain a favorable judgment if the evidence submitted by the plaintiff is credited" (citation and punctuation omitted)
Hughes v. Pair
46 Cal.4th 1035 (Cal. 2009) Cited 995 times 4 Legal Analyses
Holding that discomfort, worry, anxiety, upset stomach, concern, and agitation did not establish severe emotional distress
Quelimane Co. v. Stewart Title Guaranty Co.
19 Cal.4th 26 (Cal. 1998) Cited 766 times 1 Legal Analyses
Holding that title insurer owed no duty of ordinary care to non-clients, commenting that "[i]n the business arena it would be unprecedented to impose a duty on one actor to operate its business in a manner that would ensure the financial success of transactions between third parties"
Aguilar v. Avis Rent A Car System, Inc.
21 Cal.4th 121 (Cal. 1999) Cited 596 times 1 Legal Analyses
Holding that enjoining a defendant's use of racial epithets at the defendant's workplace was not an unconstitutional prior restraint because it was based "on [his] continuing course of repetitive conduct" that violated employment discrimination law
Trujillo v. North County Transit Dist.
63 Cal.App.4th 280 (Cal. Ct. App. 1998) Cited 482 times 2 Legal Analyses
Holding that the statutory language of § 12940 does not "support recovery on . . . a private right of action where there has been a specific factual finding that [the alleged] discrimination or harassment actually occurred at the plaintiffs's workplace"
Hanson v. Lucky Stores, Inc.
74 Cal.App.4th 215 (Cal. Ct. App. 1999) Cited 381 times 3 Legal Analyses
Holding that "a finite leave of absence has been considered to be a reasonable accommodation under ADA, provided it is likely that following the leave the employee would be able to perform his or her duties"
Nygard, Inc. v. Uusi-Kerttula
159 Cal.App.4th 1027 (Cal. Ct. App. 2008) Cited 282 times 5 Legal Analyses
Holding that "an issue of public interest" is "any issue in which the public is interested" and concluding that an article about a "prominent businessman and celebrity" met the standard
Smith v. Maldonado
72 Cal.App.4th 637 (Cal. Ct. App. 1999) Cited 310 times
Holding that because "highlighting is nothing more nor less than emphasis," it "does not add any commentary, analysis, rhetoric, opinion, or anything else of substance to the statement that is highlighted"
Brown v. Lucky Stores
246 F.3d 1182 (9th Cir. 2001) Cited 289 times 2 Legal Analyses
Holding that an employer generally has no duty to provide an accommodation unless one is requested
Section 430.10 - Grounds for objection by party against whom complaint or cross-complaint filed
Cal. Code Civ. Proc. § 430.10 Cited 1,050 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"
Section 430.41 - Meeting required before filing demurrer
Cal. Code Civ. Proc. § 430.41 Cited 84 times
Addressing meet and confer conferences following grant of demurrer with leave to amend; "Nothing in this section prohibits the court from ordering a conference on its own motion at any time or prevents a party from requesting that the court order a conference to be held"

Demurrer Without Motion To Strike

25 Cited authorities

Holding that an implied covenant "cannot be endowed with an existence independent of its contractual underpinnings. It cannot impose substantive duties or limits on the contracting parties beyond those incorporated in the specific terms of their agreement."

Holding that the question is whether "the complaint is both legally sufficient and supported by a sufficient prima facie showing of facts to sustain a favorable judgment if the evidence submitted by the plaintiff is credited" (citation and punctuation omitted)

Holding that discomfort, worry, anxiety, upset stomach, concern, and agitation did not establish severe emotional distress

Holding that title insurer owed no duty of ordinary care to non-clients, commenting that "[i]n the business arena it would be unprecedented to impose a duty on one actor to operate its business in a manner that would ensure the financial success of transactions between third parties"

Holding that enjoining a defendant's use of racial epithets at the defendant's workplace was not an unconstitutional prior restraint because it was based "on [his] continuing course of repetitive conduct" that violated employment discrimination law

Holding that the statutory language of § 12940 does not "support recovery on . . . a private right of action where there has been a specific factual finding that [the alleged] discrimination or harassment actually occurred at the plaintiffs's workplace"

Holding that "a finite leave of absence has been considered to be a reasonable accommodation under ADA, provided it is likely that following the leave the employee would be able to perform his or her duties"

Holding that "an issue of public interest" is "any issue in which the public is interested" and concluding that an article about a "prominent businessman and celebrity" met the standard

Holding that because "highlighting is nothing more nor less than emphasis," it "does not add any commentary, analysis, rhetoric, opinion, or anything else of substance to the statement that is highlighted"

Holding that an employer generally has no duty to provide an accommodation unless one is requested

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"

Addressing meet and confer conferences following grant of demurrer with leave to amend; "Nothing in this section prohibits the court from ordering a conference on its own motion at any time or prevents a party from requesting that the court order a conference to be held"