Grosset v. Wenaas

Noting that as a general matter, "[t]he fundamental purpose of a derivative action is to provide a means by which a stockholder may seek to enforce the rights of a corporation when the corporate board refuses to do so. . . . [Thus, i]f successful, a derivative claim will accrue to the direct benefit of the corporation and not to the stockholder who litigated it."

Hirshfield v. Schwartz

Holding that a court in equity, applying the hardship doctrine, may grant an easement that effectively denies the owner the use of his property

Glade v. Glade

In Glade, the husband's parents, as trustees of their intervivos trust, held a note secured by a deed of trust against the husband and wife's home.

Darling v. Kritt

Owens v. McNally

In Owens v. McNally, the court used this language: "Where a contract such as this, resting in parol and sought to be enforced after the death of the other party to it, comes before a court of equity for review, it is scrutinized, and should be scrutinized, with particular care, and only upon a satisfactory showing that it is definite and certain and just will it be enforced.

Flood v. Templeton

In Flood v. Templeton, supra (152 Cal. 148, 92 P. 78 [13 L.R.A.(N.S.) 579]), the court held that the fraud practiced upon one who was induced to refrain from presenting a proper defense to a foreclosure of a mortgage suit by virtue of the promises and agreement of the plaintiff therein to devise and bequeath the property upon his death to the defendant was, as to the defendant, extrinsic fraud which prevented a presentation at the trial of defendant's meritorious defense.

Section 1008 - Motion to reconsider matter and modify, amend or revoke prior order

Stating that an order denying a motion for reconsideration is not appealable