Winter v. Natural Res. Def. Council, Inc.
555 U.S. 7 (2008) Cited 17,299 times 71 Legal AnalysesHolding that a plaintiff must establish "that he is likely to suffer irreparable harm"
Caribbean Marine Services Co. v. Baldrige
844 F.2d 668 (9th Cir. 1988) Cited 1,173 timesHolding that a "speculative" injury does not constitute irreparable harm
Midgett v. Tri-County Metropolitan Transp
254 F.3d 846 (9th Cir. 2001) Cited 99 timesHolding that the plaintiff did not show irreparable harm where he allegedly experienced four prior incidents of violations of the Americans with Disabilities Act by the defendant agency
O'Connell v. Superior Court
141 Cal.App.4th 1452 (Cal. Ct. App. 2006) Cited 60 timesFinding claimed injury was not irreparable because plaintiff, who was aware at the beginning of school year that thousands of students were at risk of being denied diplomas, delayed in bringing preliminary injunction until school year was almost over
Basich v. Allstate Insurance Company
87 Cal.App.4th 1112 (Cal. Ct. App. 2001) Cited 69 times 1 Legal AnalysesAffirming summary adjudication that insurer was not subject to punitive damages for bad faith
Turman v. Turning Point of Central California, Inc.
191 Cal.App.4th 53 (Cal. Ct. App. 2010) Cited 43 times 1 Legal AnalysesRequiring facts pled in the complaint to "rise to the level of malice, oppression or fraud necessary under Civil Code section 3294 to state a claim for punitive damages"
Smith v. Superior Court
10 Cal.App.4th 1033 (Cal. Ct. App. 1992) Cited 73 timesStriking plaintiff's prayer for punitive damages where the complaint was "devoid of any factual assertions supporting a conclusion petitioners acted with oppression, fraud or malice"
Korean Philadelphia Presbyterian Church v. California Presbytery
77 Cal.App.4th 1069 (Cal. Ct. App. 2000) Cited 35 times 1 Legal AnalysesIn Korean Philadelphia, the California Court of Appeal held: "A corporate outsider cannot bring suit to challenge a corporation's management or control. Only a shareholder, officer, or director has standing to do so."
Flyer's Body Shop Profit Sharing Plan v. Ticor Title Ins. Co.
185 Cal.App.3d 1149 (Cal. Ct. App. 1986) Cited 45 timesConcluding that plaintiff was not entitled to recover attorney fees pursuant to the tort of another doctrine because connection between third party's actions leading to incursion of fees and defendant's negligence was "too attenuated" to be a "proximate result"
Ricard v. Grobstein, Goldman, Stevenson
6 Cal.App.4th 157 (Cal. Ct. App. 1992) Cited 28 timesDismissing plaintiff's complaint finding that it was filed solely to circumvent the court's ruling denying him leave to amend
Rule 5 - Serving and Filing Pleadings and Other Papers
Fed. R. Civ. P. 5 Cited 22,753 times 16 Legal AnalysesAllowing service by filing papers with the court's electronic-filing system
Section 17200 - Unfair competition defined
Cal. Bus. & Prof. Code § 17200 Cited 18,122 times 315 Legal AnalysesProhibiting unlawful business practices
Section 3294 - When damages recoverable for sake of example and by way of punishment; employer liability for acts of employee; death from homicide
Cal. Civ. Code § 3294 Cited 2,843 times 10 Legal AnalysesStating plaintiff may recover punitive damages "in addition to the actual damages"