Blank v. Kirwan
39 Cal.3d 311 (Cal. 1985) Cited 3,074 timesHolding that the standard for a failure to state a claim is whether "the complaint states facts sufficient to constitute a cause of action"
Robinson Helicopter Co. v. Dana Corp.
34 Cal.4th 979 (Cal. 2004) Cited 768 times 4 Legal AnalysesHolding 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."
Allen v. City of Sacramento
234 Cal.App.4th 41 (Cal. Ct. App. 2015) Cited 409 timesHolding allegation of "a wrongful arrest or detention, without more, does not" state a claim for violation of the Bane Act
Wilson v. Cable News Network, Inc.
7 Cal.5th 871 (Cal. 2019) Cited 354 times 9 Legal AnalysesIn Wilson, supra, 7 Cal.5th 871, 249 Cal.Rptr.3d 569, 444 P.3d 706, we acknowledged that some staffing decisions by a news organization in the business of speaking on matters of public importance to the public, specifically those tied to selecting individuals with control over the organization's message, might qualify as conduct in furtherance of the organization's speech on matters of public importance.
Peregrine Funding, Inc. v. Sheppard Mullin Richter & Hampton LLP
133 Cal.App.4th 658 (Cal. Ct. App. 2005) Cited 470 times 1 Legal AnalysesHolding that the attorneys' advice letters to their client did not "concern any petitioning activity" because "[t]he letters were not writings made before a judicial proceeding, or in connection with an issue under review by a court."
West v. JPMorgan Chase Bank, N.A.
214 Cal.App.4th 780 (Cal. Ct. App. 2013) Cited 311 timesHolding plaintiff could not satisfy adverse claim element of quiet title where defendant no longer had interest in the property
Committee on Children's Television, Inc. v. General Foods Corp.
35 Cal.3d 197 (Cal. 1983) Cited 717 times 1 Legal AnalysesHolding 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"
Salma v. Capon
161 Cal.App.4th 1275 (Cal. Ct. App. 2008) Cited 260 times 1 Legal AnalysesHolding that allowing amendment of a complaint after the motion but before the court ruled would undermine the purpose of the SLAPP statue
Barton v. New United Motor Manufacturing, Inc.
43 Cal.App.4th 1200 (Cal. Ct. App. 1996) Cited 250 timesHolding that a one-year statute of limitations governs claims for wrongful termination in violation of public policy
Roberts v. Los Angeles County Bar Assn.
105 Cal.App.4th 604 (Cal. Ct. App. 2003) Cited 161 timesDeciding prong-two issue despite trial court's failure to reach it
Rule 3.1113 - Memorandum
Cal. R. 3.1113 Cited 103 times(a) Memorandum in support of motion A party filing a motion, except for a motion listed in rule 3.1114, must serve and file a supporting memorandum. The court may construe the absence of a memorandum as an admission that the motion or special demurrer is not meritorious and cause for its denial and, in the case of a demurrer, as a waiver of all grounds not supported. (b) Contents of memorandum The memorandum must contain a statement of facts, a concise statement of the law, evidence and arguments
Rule 3.1300 - Time for filing and service of motion papers
Cal. R. 3.1300 Cited 98 times(a) In general Unless otherwise ordered or specifically provided by law, all moving and supporting papers must be served and filed in accordance with Code of Civil Procedure section 1005 and, when applicable, the statutes and rules providing for electronic filing and service. (Subd (a) amended effective January 1, 2016; previously amended effective January 1, 2000, and January 1, 2007.) (b) Order shortening time The court, on its own motion or on application for an order shortening time supported