44 Cited authorities

Korea Supply Co. v. Lockheed Martin Corp.
29 Cal.4th 1134 (Cal. 2003) Cited 1,692 times 17 Legal Analyses
Holding that plaintiff cannot recover damages under Cal. Bus. Prof. Code § 17200 unless plaintiff has "an ownership interest in the money it seeks to recover"
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"
Cortez v. Purolator Air Filtration Products Co.
23 Cal.4th 163 (Cal. 2000) Cited 565 times 1 Legal Analyses
Holding restitution is "the return of the excess of what the plaintiff gave the defendant over the value of what the plaintiff received"
Della Penna v. Toyota Motor Sales, U.S.A., Inc.
11 Cal.4th 376 (Cal. 1995) Cited 529 times 6 Legal Analyses
Holding that the tort of intentional or negligence interference with prospective economic advantage requires that a defendant's interference be wrongful "by some measure beyond the fact of the interference itself
Troyk v. Farmers Group, Inc.
171 Cal.App.4th 1305 (Cal. Ct. App. 2009) Cited 339 times 2 Legal Analyses
Holding that payment of extra money as a result of the defendant's action was sufficient for standing
Reynolds v. Bement
36 Cal.4th 1075 (Cal. 2005) Cited 273 times 9 Legal Analyses
Holding that statutes are construed in light of the common law unless the Legislature clearly and unequivocally indicates otherwise
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
Day v. AT & T Corp.
63 Cal.App.4th 325 (Cal. Ct. App. 1998) Cited 188 times 4 Legal Analyses
Holding that these California statutes may make even true statements actionable if "couched in such a manner that it is likely to mislead or deceive the consumer, such as by failure to disclose other relevant information"
Sun Microsystems, Inc. v. Microsoft Corp.
188 F.3d 1115 (9th Cir. 1999) Cited 167 times 1 Legal Analyses
Holding that substantial evidence demonstrates that Microsoft violated the TLDA
United States Liab. Ins. Co. v. Haidinger-Hayes, Inc.
1 Cal.3d 586 (Cal. 1970) Cited 322 times
Holding "[d]irectors or officers of a corporation do not incur personal liability for torts of the corporation merely by reason of their official position, unless they participate in the wrong or authorize or direct that it be done."
Section 17200 - Unfair competition defined
Cal. Bus. & Prof. Code § 17200 Cited 18,268 times 315 Legal Analyses
Prohibiting unlawful business practices
Section 337 - Contract, obligation or liability founded upon written instrument; book account; rescission of contract
Cal. Code Civ. Proc. § 337 Cited 1,705 times 5 Legal Analyses
Governing rescissions of written contracts
Section 338 - Liability created by statute; trespass or injury to real property; taking, detaining or injuring goods or chattels; fraud or mistake; bond of public official; notary's bond; slander of title; section 17536, Business and Professions Code; Water Quality Control Act; Section 19, Article 1, California Constitution; division 26, Health and Safety Code; sections 1603.1, 1615, 5650.1, Fish and Game Code; validity of special tax levy; section 51.7, Civil code; violation of FPA or Forestry and Fire Protection rules and regulations; section 26038, Business and Professions code
Cal. Code Civ. Proc. § 338 Cited 1,532 times
Providing for a three-year limitations period for “[a]n action for trespass upon or injury to real property”
Section 339 - Contract, obligation not founded on written instrument; against sheriff or coroner for doing official act; rescission of contract not in writing
Cal. Code Civ. Proc. § 339 Cited 1,528 times 1 Legal Analyses
Holding that a plaintiff must initiate within two years "[a]n action upon a contract, obligation or liability not founded upon an instrument of writing"
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"
Section 17208 - Statute of limitations
Cal. Bus. & Prof. Code § 17208 Cited 640 times 2 Legal Analyses
Governing UCL claims
Section 17206 - Civil Penalty for Violation of Chapter
Cal. Bus. & Prof. Code § 17206 Cited 163 times 1 Legal Analyses
Listing willfulness of a defendant's misconduct as a factor for determining the amount of penalties but not for determining liability
Section 2941 - Time limit for execution and recording certificate of discharge and delivery of original note and mortgage
Cal. Civ. Code § 2941 Cited 112 times 2 Legal Analyses
Requiring a trustee to deliver a copy of the reconveyance "to the beneficiary, its successor in interest, or its servicing agent, if known"
Section 430.41 - Meeting required before filing demurrer
Cal. Code Civ. Proc. § 430.41 Cited 84 times
Addressing meet and confer conferences following grant of demurrer with leave to amend; "Nothing in this section prohibits the court from ordering a conference on its own motion at any time or prevents a party from requesting that the court order a conference to be held"

Loan Pham vs. Wt Capital Lender Services Inc

44 Cited authorities

Holding that plaintiff cannot recover damages under Cal. Bus. Prof. Code § 17200 unless plaintiff has "an ownership interest in the money it seeks to recover"

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 restitution is "the return of the excess of what the plaintiff gave the defendant over the value of what the plaintiff received"

Holding that the tort of intentional or negligence interference with prospective economic advantage requires that a defendant's interference be wrongful "by some measure beyond the fact of the interference itself

Holding that payment of extra money as a result of the defendant's action was sufficient for standing

Holding that statutes are construed in light of the common law unless the Legislature clearly and unequivocally indicates otherwise

Finding a potential for coverage for defamation even though the underlying action did not allege all of the elements of that cause of action

Holding that these California statutes may make even true statements actionable if "couched in such a manner that it is likely to mislead or deceive the consumer, such as by failure to disclose other relevant information"

Holding that substantial evidence demonstrates that Microsoft violated the TLDA

Holding "[d]irectors or officers of a corporation do not incur personal liability for torts of the corporation merely by reason of their official position, unless they participate in the wrong or authorize or direct that it be done."

Prohibiting unlawful business practices

Governing rescissions of written contracts

Providing for a three-year limitations period for “[a]n action for trespass upon or injury to real property”

Holding that a plaintiff must initiate within two years "[a]n action upon a contract, obligation or liability not founded upon an instrument of writing"

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"

Governing UCL claims

Listing willfulness of a defendant's misconduct as a factor for determining the amount of penalties but not for determining liability

Requiring a trustee to deliver a copy of the reconveyance "to the beneficiary, its successor in interest, or its servicing agent, if known"

Addressing meet and confer conferences following grant of demurrer with leave to amend; "Nothing in this section prohibits the court from ordering a conference on its own motion at any time or prevents a party from requesting that the court order a conference to be held"