19 Cited authorities

Blank v. Kirwan
39 Cal.3d 311 (Cal. 1985) Cited 3,093 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 1,693 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 776 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."
LiMandri v. Judkins
52 Cal.App.4th 326 (Cal. Ct. App. 1997) Cited 525 times
Holding that nondisclosure may constitute fraud "when the defendant had exclusive knowledge of material facts not known to the plaintiff"
Moore v. Regents of University of California
51 Cal.3d 120 (Cal. 1990) Cited 619 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"
AAS v. SUPERIOR COURT
24 Cal.4th 627 (Cal. 2000) Cited 282 times 18 Legal Analyses
Finding diminished value of residences containing hazardous defects not compensable
Bigler-Engler v. Breg, Inc.
7 Cal.App.5th 276 (Cal. Ct. App. 2017) Cited 156 times 1 Legal Analyses
Concluding that a "pretrial settlement offer under Code of Civil Procedure section 998" that lacked an acceptance provision was invalid
Tenzer v. Superscope, Inc.
39 Cal.3d 18 (Cal. 1985) Cited 269 times 1 Legal Analyses
Granting a motion to dismiss, as "nonperformance alone will not support a finding of promissory fraud."
Warner Constr. Corp. v. City of Los Angeles
2 Cal.3d 285 (Cal. 1970) Cited 206 times
Holding that the "nondisclosure of the cave-ins and special drilling techniques used in drilling the test holes transformed" the logs contained in the plans and specifications of the contract for construction into "misleading half-truths"
Stewart v. Electrolux Home Prods., Inc.
304 F. Supp. 3d 894 (E.D. Cal. 2018) Cited 45 times
Granting motion to dismiss where plaintiff alleged "only generally that Electrolux, through ‘advertising, marketing and other publications, [made] statements that were untrue or misleading’ "; if claim based on "express statements in the warranty ... the complaint must specifically identify these statements so that Electrolux has sufficient notice of the representations Plaintiffs claim were false and misleading"

Demurrer

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 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 nondisclosure may constitute fraud "when the defendant had exclusive knowledge of material facts not known to the plaintiff"

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 diminished value of residences containing hazardous defects not compensable

Concluding that a "pretrial settlement offer under Code of Civil Procedure section 998" that lacked an acceptance provision was invalid

Granting a motion to dismiss, as "nonperformance alone will not support a finding of promissory fraud."

Holding that the "nondisclosure of the cave-ins and special drilling techniques used in drilling the test holes transformed" the logs contained in the plans and specifications of the contract for construction into "misleading half-truths"