20 Cited authorities

Lazar v. Superior Court
12 Cal.4th 631 (Cal. 1996) Cited 1,686 times 3 Legal Analyses
Holding that justifiable reliance is a required element of a fraud claim
Robinson Helicopter Co. v. Dana Corp.
34 Cal.4th 979 (Cal. 2004) Cited 766 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."
Erlich v. Menezes
21 Cal.4th 543 (Cal. 1999) Cited 478 times 1 Legal Analyses
Holding that a defendant may not be liable for negligent breach of contract
Committee on Children's Television, Inc. v. General Foods Corp.
35 Cal.3d 197 (Cal. 1983) Cited 717 times 1 Legal Analyses
Holding that no fiduciary relationship existed between advertisers of cereal and consumers because "it is unnecessary to call upon the law of fiduciary relationships to perform a function for which it was not designed and is largely unsuited"
Roddenberry v. Roddenberry
44 Cal.App.4th 634 (Cal. Ct. App. 1996) Cited 465 times
Finding the defendant "concealed the true facts in the hope that the first Mrs. Roddenberry would accept . . . payments and never discover she was receiving only a third."
Apollo Capital Fund Llc. v. Roth Capital Partners, LLC
158 Cal.App.4th 226 (Cal. Ct. App. 2007) Cited 311 times 5 Legal Analyses
Holding that a securities "placement agent" employed by the issuing company was not liable because the issuing company did not transfer the securities to the plaintiffs
Lovejoy v. AT&T Corp.
92 Cal.App.4th 85 (Cal. Ct. App. 2001) Cited 122 times
Holding claim that carrier switched customer's long-distance service without his knowledge or consent was not barred by the filed rate doctrine
Ehrlich v. BMW of North America, LLC
801 F. Supp. 2d 908 (C.D. Cal. 2010) Cited 87 times
Holding that a manufacturer's express warranty extended the statute of limitations on plaintiff's breach of implied warranty claim under the future performance exception under California's Song-Beverly Act
Stansfield v. Starkey
220 Cal.App.3d 59 (Cal. Ct. App. 1990) Cited 134 times
Affirming dismissal of fraud claim where it "was not clearly alleged that each representation was false when made"
Nucal Foods, Inc. v. Quality Egg LLC
918 F. Supp. 2d 1023 (E.D. Cal. 2013) Cited 53 times
Holding that the economic loss rule did not bar a negligence claim against a supplier of contaminated eggs when the supplier's eggs caused damage to other eggs held by the plaintiff

Response Reply

20 Cited authorities

Holding that justifiable reliance is a required element of a fraud claim

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 that a defendant may not be liable for negligent breach of contract

Holding that no fiduciary relationship existed between advertisers of cereal and consumers because "it is unnecessary to call upon the law of fiduciary relationships to perform a function for which it was not designed and is largely unsuited"

Finding the defendant "concealed the true facts in the hope that the first Mrs. Roddenberry would accept . . . payments and never discover she was receiving only a third."

Holding that a securities "placement agent" employed by the issuing company was not liable because the issuing company did not transfer the securities to the plaintiffs

Holding claim that carrier switched customer's long-distance service without his knowledge or consent was not barred by the filed rate doctrine

Holding that a manufacturer's express warranty extended the statute of limitations on plaintiff's breach of implied warranty claim under the future performance exception under California's Song-Beverly Act

Affirming dismissal of fraud claim where it "was not clearly alleged that each representation was false when made"

Holding that the economic loss rule did not bar a negligence claim against a supplier of contaminated eggs when the supplier's eggs caused damage to other eggs held by the plaintiff