§Why CasetextPricing

aska Sakan, Inc. vs. Yorba Cw, Inc.

Opposition

29 Cited authorities

  1. 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"

  2. 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

  3. City of Stockton v. Superior Court

    42 Cal.4th 730 (Cal. 2007)   Cited 670 times
    Holding that contract claims are subject to the CTCA's presentment requirement; adding that the CTCA is better referred to as the Government Claims Act "to reduce confusion"

  4. Carma Developers, Inc. v. Marathon Development California, Inc.

    2 Cal.4th 342 (Cal. 1992)   Cited 785 times
    Holding that a clause in a commercial lease allowing the lessor to terminate the lease and recapture the leasehold upon notice by the lessee of intent to sublet or assign had to be exercised in good faith

  5. Moradi-Shalal v. Fireman's Fund Ins. Companies

    46 Cal.3d 287 (Cal. 1988)   Cited 519 times   17 Legal Analyses
    Holding that section 790.03(h) has no private right of action

  6. Racine Laramie v. Dept. of P. R

    11 Cal.App.4th 1026 (Cal. Ct. App. 1992)   Cited 317 times
    Holding that an implied covenant "cannot be extended to create obligations not contemplated in the contract"

  7. Barnett v. Fireman's Fund Ins. Co.

    90 Cal.App.4th 500 (Cal. Ct. App. 2001)   Cited 188 times
    Finding a potential for coverage for defamation even though the underlying action did not allege all of the elements of that cause of action

  8. Hoffman v. Smithwoods RV Park, LLC

    179 Cal.App.4th 390 (Cal. Ct. App. 2009)   Cited 142 times

    No. H033464. October 23, 2009. Appeal from the Superior Court of Santa Cruz County, No. CV159578, Robert B. Atack, Judge. Greene, Chauvel, Descalso, Minoletti, Paul G. Minoletti and Susan J. Bayerd for Plaintiff and Appellant. Law Office of Anthony C. Rodriguez and Anthony C. Rodriguez for Defendant and Respondent. [CERTIFIED FOR PARTIAL PUBLICATION ] Pursuant to California Rules of Court, rule 8.1105, it is ordered that this opinion is certified for publication, with the exception of part II.B.

  9. Comunale v. Traders & General Ins. Co.

    50 Cal.2d 654 (Cal. 1958)   Cited 588 times   7 Legal Analyses
    Holding that an insured has a cause of action for bad faith if an insurer mishandles a claim by a third party against the insured

  10. DRG/Beverly Hills, Ltd. v. Chopstix Dim Sum Cafe & Takeout III, Ltd.

    30 Cal.App.4th 54 (Cal. Ct. App. 1994)   Cited 122 times
    Noting that estoppel is a question of fact, to be decided by the court

  11. Section 452 - Allegations liberally construed

    Cal. Code Civ. Proc. § 452   Cited 664 times
    Pleading "must be liberally construed, with a view to substantial justice between the parties"

  12. Section 438 - Motion for judgment on pleadings

    Cal. Code Civ. Proc. § 438   Cited 573 times
    Limiting the timing of the motion "unless the court otherwise permits"

  13. Section 11 - [Repealed]

    Okla. Stat. tit. 10 § 11

    Okla. Stat. tit. 10, § 11 R.L. 1910, §4374; Repealed by Laws 2009 , HB 2028, c. 233, §164, emerg. eff. 5/21/2009.