Lazar v. Superior Court

Holding that justifiable reliance is a required element of a fraud claim

McKell v. Washington Mutual Inc.

Holding that a loan transaction is a business practice under the UCL

Committee on Children's Television, Inc. v. General Foods Corp.

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"

Lopresti v. Terwilliger

Holding that a legal conclusion that a particular individual qualifies as a fiduciary under ERISA is subject to de novo review

Kim v. Westmoore Partners, Inc.

Affirming denial of section 473(b) motion where the declarant failed to include specific facts "which the court might have been able to assess in determining whether his failure to respond was actually excusable in the circumstances"

Taggart v. Costabile

Holding that "notwithstanding case law to the contrary, extreme and outrageous conduct is not an essential element of a cause of action to recover damages for negligent infliction of emotional distress."

Cadlo v. Owens-Illinois, Inc.

Finding that for fraud, a plaintiff "must allege the specifics of his or her reliance on the misrepresentation to show a bona fide claim of actual reliance."

Friedman v. Anderson

Granting a motion to dismiss a fraud claim for failure to demonstrate that defendants' actions were the proximate cause of the claimed losses

Delaney v. Baker

Holding recklessness "involves more than inadvertence, incompetence [or] unskillfulness"

Ackerman v. Price Waterhouse

Accounting malpractice tort action

Section R3016 - Particularity in specific actions

Providing that where a defense is based upon a fraud or misrepresentation "the circumstances constituting the wrong shall be stated in detail."

Section 339 - Contract, obligation not founded on written instrument; against sheriff or coroner for doing official act; rescission of contract not in writing

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 15610.30 - Financial abuse

Defining financial elder abuse

Section 15610.27 - Elder

Defining "elder" as "any person residing in this state, 65 years of age or older"

Section 15610.23 - Dependent adult

Defining "dependent adult" as "any person between the ages of 18 and 64 years who resides in this state and who has physical or mental limitations that restrict his or her ability to carry out normal activities or to protect his or her rights, including, but not limited to, persons who have physical or developmental disabilities, or whose physical or mental abilities have diminished because of age."

Section 3345 - Unfair or deceptive acts or practice or unfair methods of competition directed at senior citizens or disabled persons