34 Cited authorities

Oasis West Realty, LLC v. Goldman
51 Cal.4th 811 (Cal. 2011) Cited 1,310 times 2 Legal Analyses
Recognizing that an attorney "may not do anything which will injuriously affect former client in any matter in which [the attorney] formerly represented [the client]"
Blank v. Kirwan
39 Cal.3d 311 (Cal. 1985) Cited 3,071 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"
Applied Equipment Corp. v. Litton Saudi Arabia Ltd.
7 Cal.4th 503 (Cal. 1994) Cited 1,186 times 5 Legal Analyses
Holding that there is no separate cause of action for civil conspiracy, and that to establish such an action, a plaintiff must show some other underlying tort or civil wrong
Fontenot v. Wells Fargo Bank, N.A.
198 Cal.App.4th 256 (Cal. Ct. App. 2011) Cited 606 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”
Evans v. City of Berkeley
38 Cal.4th 1 (Cal. 2006) Cited 547 times
Rejecting allegation contradicted by judicially noticed facts
Rakestraw v. California Physicians' Service
81 Cal.App.4th 39 (Cal. Ct. App. 2000) Cited 486 times
Requiring party to "clearly and specifically set forth the ‘applicable substantive law’ and the legal basis for amendment, i.e., the elements of the cause of action and authority for it," and all specific factual allegations for the claim
Erlich v. Menezes
21 Cal.4th 543 (Cal. 1999) Cited 478 times 1 Legal Analyses
Holding that a defendant may not be liable for negligent breach of contract
Love v. Fire Ins. Exchange
221 Cal.App.3d 1136 (Cal. Ct. App. 1990) Cited 565 times 2 Legal Analyses
Holding bad faith occurs when the insurer withholds benefits unreasonably or without proper cause
Cantu v. Resolution Trust Corp.
4 Cal.App.4th 857 (Cal. Ct. App. 1992) Cited 518 times
Holding that "intentional infliction of emotional distress is an injury to the person"
Reichert v. General Ins. Co. of America
68 Cal.2d 822 (Cal. 1968) Cited 522 times 2 Legal Analyses
Adding a fourth element, the plaintiff's performance or excuse for nonperformance under the contract
Section 430.10 - Grounds for objection by party against whom complaint or cross-complaint filed
Cal. Code Civ. Proc. § 430.10 Cited 1,050 times
Explaining "[t]he party against whom a complaint ... has been filed may object, by demurrer ..., to the pleading" on the basis that "[t]he pleading does not state facts sufficient to constitute a cause of action"
Section 430.41 - Meeting required before filing demurrer
Cal. Code Civ. Proc. § 430.41 Cited 84 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"
Rule 2.306 - Service of papers by fax transmission
Cal. R. 2.306 Cited 12 times
(a) Service by fax (1)Agreement of parties required Service by fax transmission is permitted only if the parties agree and a written confirmation of that agreement is made. (2)Service on last-given fax number Any notice or other document to be served must be transmitted to a fax machine maintained by the person on whom it is served at the fax machine telephone number as last given by that person on any document that the party has filed in the case and served on the party making service. (b) Service
Rule 2.301 - Definitions
Cal. R. 2.301 Cited 5 times
As used in this chapter, unless the context otherwise requires: (1) "Fax" is an abbreviation for "facsimile" and refers, as indicated by the context, to facsimile transmission or to a document so transmitted. (2) "Fax transmission" means the transmission of a document by a system that encodes a document into electrical signals, transmits these electrical signals over a telephone line, and reconstructs the signals to print a duplicate of the original document at the receiving end. (3) "Fax machine"

Charles Afshari vs. Gail Johnson

34 Cited authorities

Recognizing that an attorney "may not do anything which will injuriously affect former client in any matter in which [the attorney] formerly represented [the client]"

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 there is no separate cause of action for civil conspiracy, and that to establish such an action, a plaintiff must show some other underlying tort or civil wrong

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”

Rejecting allegation contradicted by judicially noticed facts

Requiring party to "clearly and specifically set forth the ‘applicable substantive law’ and the legal basis for amendment, i.e., the elements of the cause of action and authority for it," and all specific factual allegations for the claim

Holding that a defendant may not be liable for negligent breach of contract

Holding bad faith occurs when the insurer withholds benefits unreasonably or without proper cause

Holding that "intentional infliction of emotional distress is an injury to the person"

Adding a fourth element, the plaintiff's performance or excuse for nonperformance under the contract

Explaining "[t]he party against whom a complaint ... has been filed may object, by demurrer ..., to the pleading" on the basis that "[t]he pleading does not state facts sufficient to constitute a cause of action"

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"