43 Cited authorities

United States v. Bestfoods
524 U.S. 51 (1998) Cited 1,449 times 23 Legal Analyses
Holding that ownership and control is insufficient to demonstrate an alter-ego relationship
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"
McKell v. Washington Mutual Inc.
142 Cal.App.4th 1457 (Cal. Ct. App. 2006) Cited 715 times 1 Legal Analyses
Holding that a loan transaction is a business practice under the UCL
Neilson v. Union Bank of California, N.A.
290 F. Supp. 2d 1101 (C.D. Cal. 2003) Cited 710 times
Holding that plaintiffs could prevail if they could prove at trial that certain transfers made pursuant to a Ponzi scheme were made within the limitations period of California's UFTA
Sonora Diamond Corp. v. Superior Court
83 Cal.App.4th 523 (Cal. Ct. App. 2000) Cited 670 times 6 Legal Analyses
Holding that both factors, meaning both a unity of interest and an inequitable result if the acts in question are ascribed only to the subsidiary, for alter ego liability to be found
Careau & Co. v. Security Pacific Business Credit, Inc.
222 Cal.App.3d 1371 (Cal. Ct. App. 1990) Cited 942 times
Holding that a claim for breach of the implied covenant may be disregarded if it rests on the same set of facts as a claim for breach of contract
Wall Street Network, Ltd. v. New York Times Co.
164 Cal.App.4th 1171 (Cal. Ct. App. 2008) Cited 404 times 2 Legal Analyses
Holding that the essential elements of a breach of contract claim include either "plaintiff's performance or excuse for nonperformance"
Pantoja v. Countrywide Home Loans, Inc.
640 F. Supp. 2d 1177 (N.D. Cal. 2009) Cited 315 times 1 Legal Analyses
Holding that there is no express or implicit private right of action under TARP
Zhang v. Superior Court
57 Cal.4th 364 (Cal. 2013) Cited 252 times 9 Legal Analyses
Holding that "a litigant may not rely on the proscriptions of section 790.03 as the basis for a UCL claim," but that "when insurers engage in conduct that violates both [ section 790.03 ] and obligations imposed by other statutes or the common law, a UCL action may lie"
Gruenberg v. Aetna Ins. Co.
9 Cal.3d 566 (Cal. 1973) Cited 817 times 6 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
Section 430.10 - Grounds for objection by party against whom complaint or cross-complaint filed
Cal. Code Civ. Proc. § 430.10 Cited 1,056 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 1550 - Essential to existence of contract
Cal. Civ. Code § 1550 Cited 880 times 3 Legal Analyses
Recognizing that the "essential" elements of contract formation include mutual consent and sufficient consideration
Section 430.41 - Meeting required before filing demurrer
Cal. Code Civ. Proc. § 430.41 Cited 86 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 Filed

43 Cited authorities

Holding that ownership and control is insufficient to demonstrate an alter-ego relationship

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 plaintiffs could prevail if they could prove at trial that certain transfers made pursuant to a Ponzi scheme were made within the limitations period of California's UFTA

Holding that both factors, meaning both a unity of interest and an inequitable result if the acts in question are ascribed only to the subsidiary, for alter ego liability to be found

Holding that a claim for breach of the implied covenant may be disregarded if it rests on the same set of facts as a claim for breach of contract

Holding that the essential elements of a breach of contract claim include either "plaintiff's performance or excuse for nonperformance"

Holding that there is no express or implicit private right of action under TARP

Holding that "a litigant may not rely on the proscriptions of section 790.03 as the basis for a UCL claim," but that "when insurers engage in conduct that violates both [ section 790.03 ] and obligations imposed by other statutes or the common law, a UCL action may lie"

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

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"

Recognizing that the "essential" elements of contract formation include mutual consent and sufficient consideration

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"