19 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"
In re Vicks
56 Cal.4th 274 (Cal. 2013) Cited 116 times 1 Legal Analyses
Holding that Marsy's Law does not violate the Ex Post Facto Clause in the U.S. Constitution or the California Constitution
Sterling v. Taylor
40 Cal.4th 757 (Cal. 2007) Cited 118 times
Explaining evidentiary function of statute of frauds
Del E. Webb Corp. v. Structural Materials Co.
123 Cal.App.3d 593 (Cal. Ct. App. 1981) Cited 238 times
Holding that an entitlement to future possession is insufficient to maintain an action for conversion
Berman v. Bromberg
56 Cal.App.4th 936 (Cal. Ct. App. 1997) Cited 112 times
Recognizing the policy of "great liberality" which applies to allowing amendments to pleadings
Patrick v. Alacer Corp.
167 Cal.App.4th 995 (Cal. Ct. App. 2008) Cited 80 times 1 Legal Analyses
Stating that while a nominal defendant corporation generally may not defend a derivative action filed on its behalf, it "may assert defenses contesting the plaintiff's right or decision to bring suit, such as asserting the shareholder plaintiffs lack of standing ...."
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"
Warren v. Merrill
143 Cal.App.4th 96 (Cal. Ct. App. 2006) Cited 70 times
Finding plaintiff's "part performance of the oral contract by paying $77,000 for the down payment on the condominium would satisfy the statute of frauds" even though that payment by itself provides no information on other terms of agreement
Evans v. California Trailer Court, Inc.
28 Cal.App.4th 540 (Cal. Ct. App. 1994) Cited 60 times
Affirming judgment on the pleadings where court took judicial notice of the truth of the matters evidenced by a recorded trust deed
Nagy v. Nagy
210 Cal.App.3d 1262 (Cal. Ct. App. 1989) Cited 71 times
Holding that claims of fraud require particularized pleading

Declaration

19 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 Marsy's Law does not violate the Ex Post Facto Clause in the U.S. Constitution or the California Constitution

Explaining evidentiary function of statute of frauds

Holding that an entitlement to future possession is insufficient to maintain an action for conversion

Recognizing the policy of "great liberality" which applies to allowing amendments to pleadings

Stating that while a nominal defendant corporation generally may not defend a derivative action filed on its behalf, it "may assert defenses contesting the plaintiff's right or decision to bring suit, such as asserting the shareholder plaintiffs lack of standing ...."

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

Finding plaintiff's "part performance of the oral contract by paying $77,000 for the down payment on the condominium would satisfy the statute of frauds" even though that payment by itself provides no information on other terms of agreement

Affirming judgment on the pleadings where court took judicial notice of the truth of the matters evidenced by a recorded trust deed

Holding that claims of fraud require particularized pleading