18 Cited authorities

Kwikset Corp. v. Superior Court
51 Cal.4th 310 (Cal. 2011) Cited 1,585 times 27 Legal Analyses
Holding "the standards for establishing standing under section 17204 and eligibility for restitution under section 17203 are wholly distinct"
Blank v. Kirwan
39 Cal.3d 311 (Cal. 1985) Cited 3,059 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"
Lazar v. Superior Court
12 Cal.4th 631 (Cal. 1996) Cited 1,680 times 3 Legal Analyses
Holding that justifiable reliance is a required element of a fraud claim
Fontenot v. Wells Fargo Bank, N.A.
198 Cal.App.4th 256 (Cal. Ct. App. 2011) Cited 603 times 4 Legal Analyses
Holding that, while MERS did not have “its own right to assign the note, since it had no interest in the note to assign,” it had the power to assign the note as the lender's “nominee” or “agent”
Lona v. Citibank, N.A.
202 Cal.App.4th 89 (Cal. Ct. App. 2011) Cited 529 times
Holding that where the trustee's deed is void on its face, tender is not required
Moore v. Regents of University of California
51 Cal.3d 120 (Cal. 1990) Cited 614 times 1 Legal Analyses
Holding that in obtaining a patient's consent to a procedure, "a physician must disclose personal interests unrelated to the patient's health, whether research or economic, that may affect the physician's professional judgment"
Peterson v. Cellco Partnership
164 Cal.App.4th 1583 (Cal. Ct. App. 2008) Cited 315 times 1 Legal Analyses
Holding that plaintiffs who challenged sales commissions on insurance policies but did not allege that "they could have bought the same insurance for a lower price either directly from the insurer or from a licensed agent" could not "show they suffered actual economic injury"
Knapp v. Doherty
123 Cal.App.4th 76 (Cal. Ct. App. 2004) Cited 328 times 1 Legal Analyses
Holding with respect to other notices required to foreclose that the "trustor need not receive actual notice of the trustee's sale so long as notice is provided to the trustor that is in compliance with the statute."
Goodman v. Kennedy
18 Cal.3d 335 (Cal. 1976) Cited 612 times 1 Legal Analyses
Holding that defendant attorney owed no duty to third parties who relied on faulty advice the attorney gave his clients "in the absence of any showing that the legal advice was foreseeably transmitted to or relied upon by plaintiffs or that plaintiffs were intended beneficiaries of a transaction to which the advice pertained"
Cansino v. Bank of America
224 Cal.App.4th 1462 (Cal. Ct. App. 2014) Cited 147 times
Holding that a representation that a home would appreciate in value was a prediction about the future and thus could not support a fraud claim
Rule 5 - Serving and Filing Pleadings and Other Papers
Fed. R. Civ. P. 5 Cited 22,753 times 16 Legal Analyses
Allowing service by filing papers with the court's electronic-filing system
Section 17200 - Unfair competition defined
Cal. Bus. & Prof. Code § 17200 Cited 18,123 times 315 Legal Analyses
Prohibiting unlawful business practices

Gerald David Moushey vs. America'S Servicing Company

18 Cited authorities

Holding "the standards for establishing standing under section 17204 and eligibility for restitution under section 17203 are wholly distinct"

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 that justifiable reliance is a required element of a fraud claim

Holding that, while MERS did not have “its own right to assign the note, since it had no interest in the note to assign,” it had the power to assign the note as the lender's “nominee” or “agent”

Holding that where the trustee's deed is void on its face, tender is not required

Holding that in obtaining a patient's consent to a procedure, "a physician must disclose personal interests unrelated to the patient's health, whether research or economic, that may affect the physician's professional judgment"

Holding that plaintiffs who challenged sales commissions on insurance policies but did not allege that "they could have bought the same insurance for a lower price either directly from the insurer or from a licensed agent" could not "show they suffered actual economic injury"

Holding with respect to other notices required to foreclose that the "trustor need not receive actual notice of the trustee's sale so long as notice is provided to the trustor that is in compliance with the statute."

Holding that a representation that a home would appreciate in value was a prediction about the future and thus could not support a fraud claim

Allowing service by filing papers with the court's electronic-filing system

Prohibiting unlawful business practices