Careau & Co. v. Security Pacific Business Credit, Inc.
222 Cal.App.3d 1371 (Cal. Ct. App. 1990) Cited 942 timesHolding that a claim for breach of the implied covenant may be disregarded if it rests on the same set of facts as a claim for breach of contract
Committee on Children's Television, Inc. v. General Foods Corp.
35 Cal.3d 197 (Cal. 1983) Cited 717 times 1 Legal AnalysesHolding 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"
Bustamante v. Intuit Inc.
141 Cal.App.4th 199 (Cal. Ct. App. 2006) Cited 290 timesFinding that the conditions for performance as to a purported contractual duty to "take all steps necessary to obtain adequate funding and to formally launch the company" were "fatally uncertain."
Tenzer v. Superscope, Inc.
39 Cal.3d 18 (Cal. 1985) Cited 268 times 1 Legal AnalysesGranting a motion to dismiss, as "nonperformance alone will not support a finding of promissory fraud."
Jones v. Wachovia Bank
230 Cal.App.4th 935 (Cal. Ct. App. 2014) Cited 108 times 1 Legal AnalysesHolding that summary judgment was properly granted as homeowners did not detrimentally rely on lender's promise to postpone foreclosure sale date but only hoped for further postponements and that a loan modification or money from friends might eventually become available
Raedeke v. Gibraltar Sav. & Loan Assn.
10 Cal.3d 665 (Cal. 1974) Cited 231 timesHolding that a gratuitous oral promise to postpone a sale of property pursuant to the terms of a trust deed unenforceable in the absence of consideration
Ladas v. California State Auto. Assn.
19 Cal.App.4th 761 (Cal. Ct. App. 1993) Cited 119 times 1 Legal AnalysesHolding "fees are not authorized for exhibits not used at trial" under section 1033.5, subdivision
Diamond Woodworks, Inc. v. Argonaut Insurance
109 Cal.App.4th 1020 (Cal. Ct. App. 2003) Cited 65 timesFinding sufficient evidence to support jury finding that employer was third party beneficiary to workers compensation insurance policy issued to employee leasing company, where the court found that the insurance coverage "was not an incidental benefit to Diamond; it was at the very heart of the employee leasing contract and the insurance policy."
Hartong v. Partake, Inc.
266 Cal.App.2d 942 (Cal. Ct. App. 1968) Cited 49 timesExplaining that California courts adopt Restatment Second of Agency §§ 261-262
Hunt v. Smyth
25 Cal.App.3d 807 (Cal. Ct. App. 1972) Cited 40 timesStating that partial payments do not discharge "what is due on an obligation"