34 Cited authorities

Blank v. Kirwan
39 Cal.3d 311 (Cal. 1985) Cited 3,091 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"
Fox v. Ethicon Endo-Surgery, Inc.
35 Cal.4th 797 (Cal. 2005) Cited 1,283 times 2 Legal Analyses
Holding that "[r]esolution of the statute of limitations issue is normally a question of fact."
Lazar v. Superior Court
12 Cal.4th 631 (Cal. 1996) Cited 1,691 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 843 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 1,218 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 773 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 585 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 618 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 499 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”
Blickman Turkus, LP v. MF Downtown Sunnyvale, LLC
162 Cal.App.4th 858 (Cal. Ct. App. 2008) Cited 274 times
Finding that duplication is not grounds for demurrer and that a motion to strike is the proper way to address duplicative material

Demurrer

34 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 "[r]esolution of the statute of limitations issue is normally a question of fact."

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”

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