§Why CasetextPricing

The Print Lab Inc. et al v. Scottsdale Insurance Company et al

MEMORANDUM in Support of NOTICE OF MOTION AND MOTION for Summary Judgment as to or in the Alternative, Partial Summary Judgment on The Print Lab's Complaint 70

24 Cited authorities

  1. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 236,174 times   38 Legal Analyses
    Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"

  2. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 216,278 times   40 Legal Analyses
    Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"

  3. Matsushita Elec. Indus. Co. v. Zenith Radio

    475 U.S. 574 (1986)   Cited 113,103 times   38 Legal Analyses
    Holding that, on summary judgment, antitrust plaintiffs "must show that the inference of conspiracy is reasonable in light of the competing inferences of independent action or collusive action that could not have harmed" them

  4. Waller v. Truck Ins. Exchange, Inc.

    11 Cal.4th 1 (Cal. 1995)   Cited 1,748 times   5 Legal Analyses
    Holding that, when extrinsic facts eliminate the potential for coverage, an insurer may decline to defend even if the complaint had suggested potential liability

  5. Yeti by Molly Ltd. v. Deckers Outdoor Corp.

    259 F.3d 1101 (9th Cir. 2001)   Cited 1,328 times
    Holding that the burden to show substantial justification or harmlessness is on the party who made the late disclosure

  6. McKell v. Washington Mutual Inc.

    142 Cal.App.4th 1457 (Cal. Ct. App. 2006)   Cited 704 times   2 Legal Analyses
    Holding that a loan transaction is a business practice under the UCL

  7. Love v. Fire Ins. Exchange

    221 Cal.App.3d 1136 (Cal. Ct. App. 1990)   Cited 550 times   2 Legal Analyses
    Holding bad faith occurs when the insurer withholds benefits unreasonably or without proper cause

  8. Gruenberg v. Aetna Ins. Co.

    9 Cal.3d 566 (Cal. 1973)   Cited 811 times   5 Legal Analyses
    Holding that "when the insurer unreasonably and in bad faith withholds payment of the claim of its insured, it is subject to liability" for violation of the implied covenant of good faith and fair dealing

  9. Reichert v. General Ins. Co. of America

    68 Cal.2d 822 (Cal. 1968)   Cited 507 times   2 Legal Analyses
    Adding a fourth element, the plaintiff's performance or excuse for nonperformance under the contract

  10. Aguilera v. Pirelli Armstrong Tire Corp.

    223 F.3d 1010 (9th Cir. 2000)   Cited 138 times
    Holding that tolling ceases once the deadline for certification passes

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 328,681 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  12. Rule 26 - Duty to Disclose; General Provisions Governing Discovery

    Fed. R. Civ. P. 26   Cited 94,949 times   653 Legal Analyses
    Adopting Fed.R.Civ.P. 37

  13. Rule 37 - Failure to Make Disclosures or to Cooperate in Discovery; Sanctions

    Fed. R. Civ. P. 37   Cited 45,899 times   319 Legal Analyses
    Holding that a party may be barred from using a witness if it fails to disclose the witness

  14. Section 3301 - Clearly ascertainable in nature and origin

    Cal. Civ. Code § 3301   Cited 181 times
    Requiring damages to be "clearly ascertainable in both their nature and origin"