36 Cited authorities

Blank v. Kirwan
39 Cal.3d 311 (Cal. 1985) Cited 3,061 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 1,682 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 815 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 1,203 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 759 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 575 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 615 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"
Tarmann v. State Farm Mut. Auto. Ins. Co.
2 Cal.App.4th 153 (Cal. Ct. App. 1991) Cited 495 times
Holding that, when suing a corporate defendant for fraud, a plaintiff must include “the names of the persons who made the allegedly fraudulent representations, their authority to speak, to whom they spoke, what they said or wrote, and when it was said or written”
Bardin v. Daimlerchrysler Corp.
136 Cal.App.4th 1255 (Cal. Ct. App. 2006) Cited 306 times
Holding that the use of less expensive tubular steel exhaust manifolds did not violate public policy because the defendant made no representation about the composition of the manifolds and the plaintiffs did not allege a safety concern or a violation of the warranty
Blickman Turkus, LP v. MF Downtown Sunnyvale, LLC
162 Cal.App.4th 858 (Cal. Ct. App. 2008) Cited 273 times
Finding that duplication is not grounds for demurrer and that a motion to strike is the proper way to address duplicative material

Demurrer

36 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"

Holding that, when suing a corporate defendant for fraud, a plaintiff must include “the names of the persons who made the allegedly fraudulent representations, their authority to speak, to whom they spoke, what they said or wrote, and when it was said or written”

Holding that the use of less expensive tubular steel exhaust manifolds did not violate public policy because the defendant made no representation about the composition of the manifolds and the plaintiffs did not allege a safety concern or a violation of the warranty

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