46 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"
Merrill v. Navegar, Inc.
26 Cal.4th 465 (Cal. 2001) Cited 1,269 times 2 Legal Analyses
Restating the same criteria for exceptions from the rule set forth in section 1714
Applied Equipment Corp. v. Litton Saudi Arabia Ltd.
7 Cal.4th 503 (Cal. 1994) Cited 1,203 times 5 Legal Analyses
Holding that there is no separate cause of action for civil conspiracy, and that to establish such an action, a plaintiff must show some other underlying tort or civil wrong
Californians for Disability Rights v. Mervyn's LLC
39 Cal.4th 223 (Cal. 2006) Cited 420 times 1 Legal Analyses
Referring to "uninjured persons" suing under the UCL as "private attorneys general"
Kachlon v. Markowitz
168 Cal.App.4th 316 (Cal. Ct. App. 2008) Cited 383 times
Holding that California Civil Code "section 2924 deems the statutorily required mailing, publication, and delivery of notices in nonjudicial foreclosure, and the performance of statutory nonjudicial foreclosure procedures, to be privileged communications under the qualified common-interest privilege of section 47, subdivision (c)."
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"
Committee on Children's Television, Inc. v. General Foods Corp.
35 Cal.3d 197 (Cal. 1983) Cited 719 times 1 Legal Analyses
Holding that no fiduciary relationship existed between advertisers of cereal and consumers because "it is unnecessary to call upon the law of fiduciary relationships to perform a function for which it was not designed and is largely unsuited"
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.”
Khoury v. Maly's of California, Inc.
14 Cal.App.4th 612 (Cal. Ct. App. 1993) Cited 387 times
Holding that " demurrer for uncertainty is strictly construed, even where a complaint is in some respects uncertain, because ambiguities can be clarified under modern discovery procedures."
Goodman v. Kennedy
18 Cal.3d 335 (Cal. 1976) Cited 620 times 1 Legal Analyses
Holding that defendant attorney owed no duty to third parties who relied on faulty advice the attorney gave his clients "in the absence of any showing that the legal advice was foreseeably transmitted to or relied upon by plaintiffs or that plaintiffs were intended beneficiaries of a transaction to which the advice pertained"
Rule 5 - Serving and Filing Pleadings and Other Papers
Fed. R. Civ. P. 5 Cited 23,925 times 18 Legal Analyses
Providing for service via CM/ECF Systems
Section 17200 - Unfair competition defined
Cal. Bus. & Prof. Code § 17200 Cited 18,591 times 321 Legal Analyses
Prohibiting unlawful business practices
Section 2924 - Exercise of power of sale
Cal. Civ. Code § 2924 Cited 1,838 times 2 Legal Analyses
Holding privileged pursuant to Cal. Civ. Code section 47 "[p]erformance of the functions and procedures . . . necessary to carry out the duties [of a non-judicial foreclosure]"
Section 430.10 - Grounds for objection by party against whom complaint or cross-complaint filed
Cal. Code Civ. Proc. § 430.10 Cited 1,065 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"
Section 17204 - Actions for Injunctions by Attorney General, District Attorney, County Counsel, and City Attorneys
Cal. Bus. & Prof. Code § 17204 Cited 1,007 times 4 Legal Analyses
Authorizing a private right of action for equitable relief by those who have "lost money or property as a result of . . . unfair competition"
Section 2924.12 - Enjoining violations; liability for violations
Cal. Civ. Code § 2924.12 Cited 425 times 3 Legal Analyses
Providing that, "[i]f a trustee's deed upon sale has not been recorded, a borrower may bring an action for injunctive relief to enjoin a material violation of [inter alia] Section . . . 2323.6 2923.7"
Section 2923.55 - [Effective 1/1/2025] Requirements for recording notice of default
Cal. Civ. Code § 2923.55 Cited 297 times
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John S. Chew vs. Nationstar Mortgage LLC

46 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"

Restating the same criteria for exceptions from the rule set forth in section 1714

Holding that there is no separate cause of action for civil conspiracy, and that to establish such an action, a plaintiff must show some other underlying tort or civil wrong

Referring to "uninjured persons" suing under the UCL as "private attorneys general"

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 no fiduciary relationship existed between advertisers of cereal and consumers because "it is unnecessary to call upon the law of fiduciary relationships to perform a function for which it was not designed and is largely unsuited"

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.”

Holding that " demurrer for uncertainty is strictly construed, even where a complaint is in some respects uncertain, because ambiguities can be clarified under modern discovery procedures."

Providing for service via CM/ECF Systems

Prohibiting unlawful business practices

Holding privileged pursuant to Cal. Civ. Code section 47 "[p]erformance of the functions and procedures . . . necessary to carry out the duties [of a non-judicial foreclosure]"

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"

Authorizing a private right of action for equitable relief by those who have "lost money or property as a result of . . . unfair competition"

Providing that, "[i]f a trustee's deed upon sale has not been recorded, a borrower may bring an action for injunctive relief to enjoin a material violation of [inter alia] Section . . . 2323.6 2923.7"

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