28 Cited authorities

Blank v. Kirwan
39 Cal.3d 311 (Cal. 1985) Cited 3,071 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 1,272 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 1,686 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 767 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."
McDonald v. Antelope Valley Community College Dist.
45 Cal.4th 88 (Cal. 2008) Cited 477 times 4 Legal Analyses
Holding that plaintiff's use of internal grievance procedure with community college did not preclude finding of equitable tolling
LiMandri v. Judkins
52 Cal.App.4th 326 (Cal. Ct. App. 1997) Cited 515 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 616 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"
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
AAS v. SUPERIOR COURT
24 Cal.4th 627 (Cal. 2000) Cited 281 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 224 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
Section 430.10 - Grounds for objection by party against whom complaint or cross-complaint filed
Cal. Code Civ. Proc. § 430.10 Cited 1,050 times
Explaining "[t]he party against whom a complaint ... has been filed may object, by demurrer ..., to the pleading" on the basis that "[t]he pleading does not state facts sufficient to constitute a cause of action"

Notice of Hearing no fee

28 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 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 plaintiff's use of internal grievance procedure with community college did not preclude finding of equitable tolling

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 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

Explaining "[t]he party against whom a complaint ... has been filed may object, by demurrer ..., to the pleading" on the basis that "[t]he pleading does not state facts sufficient to constitute a cause of action"