20 Cited authorities

Blank v. Kirwan
39 Cal.3d 311 (Cal. 1985) Cited 3,112 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 1,708 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 782 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."
Moore v. Regents of University of California
51 Cal.3d 120 (Cal. 1990) Cited 621 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 504 times
Holding that misrepresentation is only actionable if it pertains to “past or existing material fact ....[P]redictions as to future events . . . are deemed opinions, and not actionable fraud.”
Blickman Turkus, LP v. MF Downtown Sunnyvale, LLC
162 Cal.App.4th 858 (Cal. Ct. App. 2008) Cited 275 times
Finding that duplication is not grounds for demurrer and that a motion to strike is the proper way to address duplicative material
AAS v. SUPERIOR COURT
24 Cal.4th 627 (Cal. 2000) Cited 283 times 18 Legal Analyses
Finding diminished value of residences containing hazardous defects not compensable
Linear Tech. v. Applied Materials
152 Cal.App.4th 115 (Cal. Ct. App. 2007) Cited 232 times 1 Legal Analyses
Holding a corporate plaintiff "may not rely on the UCL" in a contract action where neither the general public or individual consumers are implicated
Kaldenbach v. Mutual of Omaha Life Insurance Co.
178 Cal.App.4th 830 (Cal. Ct. App. 2009) Cited 172 times 3 Legal Analyses
Affirming denial of class certification of UCL claims where the defendants' insurance policies were sold by independent agents who were not required to attend a training or adhere to a scripted sales presentation, such that resolution of the UCL claims would require an "inquiry into the practices employed by any given independent agent - such as whether the agent involved in any given transaction took [defendants'] training and read [defendants'] manuals or used the training and materials in sales presentations, and what materials, disclosures, representations, and explanations were given to any given purchaser"
Tenet Healthsystem Desert, Inc. v. Blue Cross of California
245 Cal.App.4th 821 (Cal. Ct. App. 2016) Cited 73 times
Holding that an insurance company's repeated requests to a hospital about whether a patient's treatments were medically necessary falsely implied that the patient's insurance policy covered the treatments, and so could give rise to claims for fraud and misrepresentation

Demurrer

20 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 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 misrepresentation is only actionable if it pertains to “past or existing material fact ....[P]redictions as to future events . . . are deemed opinions, and not actionable fraud.”

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

Finding diminished value of residences containing hazardous defects not compensable

Holding a corporate plaintiff "may not rely on the UCL" in a contract action where neither the general public or individual consumers are implicated

Holding that an insurance company's repeated requests to a hospital about whether a patient's treatments were medically necessary falsely implied that the patient's insurance policy covered the treatments, and so could give rise to claims for fraud and misrepresentation