§Why CasetextPricing

Paula Skerston vs. The Versailles Homeowners association

Motion - Other

14 Cited authorities

  1. Cochran v. Cochran

    65 Cal.App.4th 488 (Cal. Ct. App. 1998)   Cited 261 times
    Holding that a defendant's conduct is "extreme or outrageous" when a reasonable person would exclaim "outrageous!" upon hearing of the defendant's actions

  2. Yun Hee so v. Sook Ja Shin

    212 Cal.App.4th 652 (Cal. Ct. App. 2013)   Cited 154 times
    Concluding MICRA applied where plaintiff alleged hospital negligently hired and supervised an anesthesiologist who failed to administer sufficient anesthesia during plaintiff's procedure

  3. Cervantez v. J.C. Penney Co.

    24 Cal.3d 579 (Cal. 1979)   Cited 331 times
    Holding that the defendant has the burden of justifying an arrest when a plaintiff brings a cause of action for false imprisonment and proves that their arrest was without process and was followed by imprisonment and damages

  4. Golin v. Allenby

    190 Cal.App.4th 616 (Cal. Ct. App. 2010)   Cited 131 times
    Holding an appeal lies from an order or judgment of dismissal under § 391.4 after failing to furnish security

  5. Plotnik v. Meihaus

    208 Cal.App.4th 1590 (Cal. Ct. App. 2012)   Cited 122 times
    Holding that the court determines whether severe emotional distress can be found, but the jury determines whether severe emotional distress exists

  6. Scott v. Phoenix Schools, Inc.

    175 Cal.App.4th 702 (Cal. Ct. App. 2009)   Cited 70 times   1 Legal Analyses
    Holding that punitive damages were not appropriate where there was an absence of a false reason to hide an illegal termination and an absence of evidence showing a pattern of unwarranted criticism

  7. Tokerud v. Capitolbank Sacramento

    38 Cal.App.4th 775 (Cal. Ct. App. 1995)   Cited 87 times
    Determining that an action that is dismissed by the plaintiff, with or without prejudice, is an action that was finally determined adverse to the plaintiff

  8. Bogard v. Employers Casualty Co.

    164 Cal.App.3d 602 (Cal. Ct. App. 1985)   Cited 81 times
    Recognizing insureds' negligent infliction of emotional distress claim against insurer

  9. First Western Development Corp. v. Superior Court

    212 Cal.App.3d 860 (Cal. Ct. App. 1989)   Cited 52 times
    Ordering lower court to grant plaintiff's motion to declare defendant a vexatious litigant

  10. Barouh v. Haberman

    26 Cal.App.4th 40 (Cal. Ct. App. 1994)   Cited 10 times
    Noting that then-BAJI No. 7.51 provided that "` battery is any intentional, unlawful and harmful contact by one person with the person of another'"; adding that the instruction "has been held a correct definition of battery"

  11. Rule 5 - Serving and Filing Pleadings and Other Papers

    Fed. R. Civ. P. 5   Cited 22,480 times   16 Legal Analyses
    Allowing service by filing papers with the court's electronic-filing system

  12. Section 391.3 - Order requiring plaintiff to furnish security; order dismissing litigation

    Cal. Code Civ. Proc. § 391.3   Cited 155 times
    Permitting imposition of security furnishing requirement for frivolous filings

  13. Section 391 - Definitions

    Cal. Code Civ. Proc. § 391   Cited 113 times
    Defining vexatious litigant as one who has commenced, prosecuted or maintained in propria persona at least five litigations that have been finally determined adversely to him

  14. Section 391.1 - Motion for order requiring plaintiff furnish security or dismissal of litigation

    Cal. Code Civ. Proc. § 391.1   Cited 42 times

    (a) In any litigation pending in any court of this state, at any time until final judgment is entered, a defendant may move the court, upon notice and hearing, for an order requiring the plaintiff to furnish security or for an order dismissing the litigation pursuant to subdivision (b) of Section 391.3. The motion for an order requiring the plaintiff to furnish security shall be based upon the ground, and supported by a showing, that the plaintiff is a vexatious litigant and that there is not a reasonable