31 Cited authorities

Blank v. Kirwan
39 Cal.3d 311 (Cal. 1985) Cited 3,064 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"
Lazar v. Superior Court
12 Cal.4th 631 (Cal. 1996) Cited 1,684 times 3 Legal Analyses
Holding that justifiable reliance is a required element of a fraud claim
Wilson v. Hewlett–Packard Co.
668 F.3d 1136 (9th Cir. 2012) Cited 820 times 5 Legal Analyses
Holding that where a defendant has not made an affirmative misrepresentation, a plaintiff must allege the existence of an unreasonable safety hazard and a causal connection between the defect and the hazard
Engalla v. Permanente Med. Grp., Inc.
15 Cal.4th 951 (Cal. 1997) Cited 1,207 times
Holding that a party's "course of delay" in performing the terms of the contract, when "unreasonable or undertaken in bad faith, may provide sufficient grounds" for a finding of waiver
Robinson Helicopter Co. v. Dana Corp.
34 Cal.4th 979 (Cal. 2004) Cited 764 times 4 Legal Analyses
Holding the "narrow" exception to the economic loss rule is "limited to a defendant's affirmative misrepresentations on which a plaintiff relies and which expose a plaintiff to liability for personal damages."
Daugherty v. American Honda Motor Co., Inc.
144 Cal.App.4th 824 (Cal. Ct. App. 2006) Cited 577 times 7 Legal Analyses
Holding plaintiff failed to plead a fraudulent omission where "no representation was made to which the alleged concealment was contrary"
Moore v. Regents of University of California
51 Cal.3d 120 (Cal. 1990) Cited 616 times 1 Legal Analyses
Holding that in obtaining a patient's consent to a procedure, "a physician must disclose personal interests unrelated to the patient's health, whether research or economic, that may affect the physician's professional judgment"
Blickman Turkus, LP v. MF Downtown Sunnyvale, LLC
162 Cal.App.4th 858 (Cal. Ct. App. 2008) Cited 274 times
Finding that duplication is not grounds for demurrer and that a motion to strike is the proper way to address duplicative material
AAS v. SUPERIOR COURT
24 Cal.4th 627 (Cal. 2000) Cited 279 times 18 Legal Analyses
Finding diminished value of residences containing hazardous defects not compensable
Consumer Advocates v. Echostar Satellite Corp.
113 Cal.App.4th 1351 (Cal. Ct. App. 2003) Cited 184 times 1 Legal Analyses
Holding that no reasonable consumer of a television satellite system would understand a promise of "crystal clear" video and "CD quality" audio "as a promise of perfection"

Demurrer

31 Cited authorities

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 justifiable reliance is a required element of a fraud claim

Holding that where a defendant has not made an affirmative misrepresentation, a plaintiff must allege the existence of an unreasonable safety hazard and a causal connection between the defect and the hazard

Holding that a party's "course of delay" in performing the terms of the contract, when "unreasonable or undertaken in bad faith, may provide sufficient grounds" for a finding of waiver

Holding the "narrow" exception to the economic loss rule is "limited to a defendant's affirmative misrepresentations on which a plaintiff relies and which expose a plaintiff to liability for personal damages."

Holding plaintiff failed to plead a fraudulent omission where "no representation was made to which the alleged concealment was contrary"

Holding that in obtaining a patient's consent to a procedure, "a physician must disclose personal interests unrelated to the patient's health, whether research or economic, that may affect the physician's professional judgment"

Finding that duplication is not grounds for demurrer and that a motion to strike is the proper way to address duplicative material

Finding diminished value of residences containing hazardous defects not compensable

Holding that no reasonable consumer of a television satellite system would understand a promise of "crystal clear" video and "CD quality" audio "as a promise of perfection"