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Memorandum Points and Authorities

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19 Cited authorities

  1. Blank v. Kirwan

    39 Cal.3d 311 (Cal. 1985)   Cited 2,969 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"

  2. Quelimane Co. v. Stewart Title Guaranty Co.

    19 Cal.4th 26 (Cal. 1998)   Cited 745 times   2 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"

  3. Small v. Fritz Cos., Inc.

    30 Cal.4th 167 (Cal. 2003)   Cited 618 times   5 Legal Analyses
    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."

  4. McBride v. Boughton

    123 Cal.App.4th 379 (Cal. Ct. App. 2004)   Cited 473 times
    Holding that common count will "stand or fall" with cause of action seeking the same recovery

  5. Huntingdon Life Sciences, Inc. v. Stop Huntingdon Animal Cruelty USA, Inc.

    129 Cal.App.4th 1228 (Cal. Ct. App. 2005)   Cited 293 times   1 Legal Analyses
    Concluding one plaintiff lacked standing to pursue certain claims

  6. Kidron v. Movie Acquisition Corp.

    40 Cal.App.4th 1571 (Cal. Ct. App. 1995)   Cited 287 times
    Finding that service of the complaint gave the defendant notice of a claim for fraud, not actual knowledge of the fraud itself

  7. Trerice v. Blue Cross of California

    209 Cal.App.3d 878 (Cal. Ct. App. 1989)   Cited 145 times
    Holding that replacing plaintiff's termination package with one less favorable and requiring her to perform menial tasks did not support an IIED claim

  8. Asahi Kasei Pharma Corp. v. Actelion Ltd.

    222 Cal.App.4th 945 (Cal. Ct. App. 2013)   Cited 35 times   2 Legal Analyses
    Finding substantial evidence supporting a lost profits calculation where the business "does not fit neatly into the established business versus new business paradigm"

  9. Wilkison v. Wiederkehr

    101 Cal.App.4th 822 (Cal. Ct. App. 2002)   Cited 44 times
    In Wilkison, the plaintiff argued that his grandmother had agreed to bequeath her house to plaintiff's father (and that plaintiff was entitled to the house under his father's will).

  10. Estate of Sanders

    40 Cal.3d 607 (Cal. 1985)   Cited 75 times

    Docket No. L.A. 32054. December 23, 1985. Appeal from Superior Court of San Diego County, No. P 131314, Alpha L. Montgomery, Sr., Judge. COUNSEL Richard J. Scuba for Petitioners and Appellants. Thomas A. Henry, Jr., for Objector and Respondent. OPINION BROUSSARD, J. Appellants, Sara Sanders and her sons Darren and David, appeal from an order of the Superior Court of San Diego County denying their motion to set aside the court's previous orders admitting the will of Mary Sanders to probate and ordering