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Bmw Financial Services Na, LLC vs. Heather Lynn Theisen

Motion for Summary Judgment/Adjudication

7 Cited authorities

  1. Reichert v. General Ins. Co. of America

    68 Cal.2d 822 (Cal. 1968)   Cited 526 times   2 Legal Analyses
    Adding a fourth element, the plaintiff's performance or excuse for nonperformance under the contract

  2. Anderson v. Heart Federal Sav. & Loan Assn.

    208 Cal.App.3d 202 (Cal. Ct. App. 1989)   Cited 42 times
    Reversing grant of summary judgment where there remained triable issues of fact as to the amount actually owed to the trustee and thus as to whether the tender was sufficient

  3. Beech Aircraft Corp. v. Superior Court

    61 Cal.App.3d 501 (Cal. Ct. App. 1976)   Cited 37 times
    Calling for independent choice of law inquiry on "each issue" but in a case that presented no fee issue

  4. Krasley v. Superior Court

    101 Cal.App.3d 425 (Cal. Ct. App. 1980)   Cited 15 times

    Docket No. 22463. January 25, 1980. COUNSEL Goldin, Haviland Leuthold and Richard R. Leuthold for Petitioner. No appearance for Respondent. Donald A. Nunn for Real Party in Interest. OPINION BROWN (Gerald), P.J. Norman Krasley petitions for a writ of mandate to compel the trial court to vacate its order denying his motion for summary judgment and instead to enter summary judgment in his favor. The underlying action was brought by real party in interest James Brennan for specific performance or damages

  5. Pike v. Zadig

    171 Cal. 273 (Cal. 1915)   Cited 46 times
    In Pike v. Zadig (1915) 171 Cal. 273 [ 152 P. 923], the court ruled, "So far as the general demurrer is concerned, the complaint does allege that the defendants became indebted to the plaintiff for money had and received by them for the use and benefit of plaintiff in two given sums.

  6. Section 437c - [Effective Until 1/1/2025] Motion for summary judgment

    Cal. Code Civ. Proc. § 437c   Cited 8,428 times   8 Legal Analyses
    Ruling on summary judgment motion must be based on "papers submitted" with the motion

  7. Section 437 - Grounds for motion to appear on face of challenged pleading; motion based on matter subject to judicial notice

    Cal. Code Civ. Proc. § 437   Cited 294 times   4 Legal Analyses

    (a) The grounds for a motion to strike shall appear on the face of the challenged pleading or from any matter of which the court is required to take judicial notice. (b) Where the motion to strike is based on matter of which the court may take judicial notice pursuant to Section 452 or 453 of the Evidence Code, such matter shall be specified in the notice of motion, or in the supporting points and authorities, except as the court may otherwise permit. Ca. Civ. Proc. Code § 437 Added by Stats. 1982