9 Cited authorities

Barnett v. Fireman's Fund Ins. Co.
90 Cal.App.4th 500 (Cal. Ct. App. 2001) Cited 187 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
Morris v. Redwood Empire Bancorp
128 Cal.App.4th 1305 (Cal. Ct. App. 2005) Cited 160 times
Holding that contract provision in question was not a liquidated damages provision, and not applying Civ. Code § 1671
SC Manufactured Homes, Inc. v. Liebert
162 Cal.App.4th 68 (Cal. Ct. App. 2008) Cited 109 times
In SC Manufactured Homes, the operative fact was whether the mobile home park had prohibited the plaintiff from selling to its tenants.
Holland v. Morse Diesel International Inc.
86 Cal.App.4th 1443 (Cal. Ct. App. 2001) Cited 110 times
In Holland, the court made the following statement: "If the second amended complaint contradicts or omits facts pleaded in [the plaintiff]'s first two complaints, we will take judicial notice of the earlier complaints and disregard inconsistent allegations, absent an explanation for the inconsistency.
George v. Auto. Club of South. California
201 Cal.App.4th 1112 (Cal. Ct. App. 2011) Cited 47 times
Applying rule, but finding no ambiguity
Donabedian v. Mercury Ins. Co.
116 Cal.App.4th 968 (Cal. Ct. App. 2004) Cited 55 times 1 Legal Analyses
Holding that the California Unfair Business Competition Law allowed plaintiff to sue to enjoin the insurer's activity to benefit others even though plaintiff had never been personally injured by it
Weitzenkorn v. Lesser
40 Cal.2d 778 (Cal. 1953) Cited 145 times
Holding that determination of novelty is a question of law
Frantz v. Blackwell
189 Cal.App.3d 91 (Cal. Ct. App. 1987) Cited 52 times
In Frantz, a developer, who had previously been sued by an investor-speculator, refused to sell the speculator property after the first litigation was settled.
Section 430.41 - Meeting required before filing demurrer
Cal. Code Civ. Proc. § 430.41 Cited 82 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"

Stacy Trang Anh Bui vs. Trinh Minh Thi Pham

9 Cited authorities

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 contract provision in question was not a liquidated damages provision, and not applying Civ. Code § 1671

In SC Manufactured Homes, the operative fact was whether the mobile home park had prohibited the plaintiff from selling to its tenants.

Applying rule, but finding no ambiguity

Holding that the California Unfair Business Competition Law allowed plaintiff to sue to enjoin the insurer's activity to benefit others even though plaintiff had never been personally injured by it

Holding that determination of novelty is a question of law

In Frantz, a developer, who had previously been sued by an investor-speculator, refused to sell the speculator property after the first litigation was settled.

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"