§Why CasetextPricing

Demurrer_to_firstamended_complaint

Demurrer

31 Cited authorities

  1. Lazar v. Superior Court

    12 Cal.4th 631 (Cal. 1996)   Cited 1,707 times   3 Legal Analyses
    Holding that justifiable reliance is a required element of a fraud claim

  2. Tarmann v. State Farm Mut. Auto. Ins. Co.

    2 Cal.App.4th 153 (Cal. Ct. App. 1991)   Cited 503 times
    Holding that misrepresentation is only actionable if it pertains to “past or existing material fact ....[P]redictions as to future events . . . are deemed opinions, and not actionable fraud.”

  3. Armstrong Petroleum Corp. v. Tri-Valley Oil & Gas Co.

    116 Cal.App.4th 1375 (Cal. Ct. App. 2004)   Cited 239 times
    Holding that monthly payments were divisible from each other and that a new cause of action for breach accrued periodically

  4. Hahn v. Mirda

    147 Cal.App.4th 740 (Cal. Ct. App. 2007)   Cited 211 times
    Holding plaintiff, to state viable claim for fraud based on "concealment," must allege defendant was "under a duty to disclose the fact to the plaintiff"

  5. Mangindin v. Washington Mut. Bank

    637 F. Supp. 2d 700 (N.D. Cal. 2009)   Cited 163 times
    Holding that “ claim for declaratory relief is unnecessary where an adequate remedy exists under some other cause of action”

  6. Lopez v. Southern California Rapid Transit Dist.

    40 Cal.3d 780 (Cal. 1985)   Cited 246 times
    Holding that because entitlement to the immunity requires a showing that the employee consciously exercised discretion by balancing potential risks and advantages, "[s]uch a showing was not and could not have been made by [the defendant] at the demurrer stage"

  7. Conrad v. Bank of America

    45 Cal.App.4th 133 (Cal. Ct. App. 1996)   Cited 183 times
    Holding that an agreement on the part of the Bank to process a loan application was not a sufficient representation to plead fraud when the Bank turned down the loan

  8. Shopoff & Cavallo LLP v. Hyon

    167 Cal.App.4th 1489 (Cal. Ct. App. 2008)   Cited 127 times
    Holding that a plaintiff must demonstrate the existence of a fiduciary relationship, breach of that duty and damages

  9. Tsemetzin v. Coast Federal Savings & Loan Assn.

    57 Cal.App.4th 1334 (Cal. Ct. App. 1997)   Cited 163 times
    Holding that the plaintiff was entitled to sue for the unpaid rent falling due within the statutory period

  10. Del E. Webb Corp. v. Structural Materials Co.

    123 Cal.App.3d 593 (Cal. Ct. App. 1981)   Cited 242 times
    Holding that an entitlement to future possession is insufficient to maintain an action for conversion

  11. Section 493.1800 - Basis and scope

    42 C.F.R. § 493.1800

    (a)Statutory basis. (1) Section 1846 of the Act- (i) Provides for intermediate sanctions that may be imposed on laboratories that perform clinical diagnostic tests on human specimens when those laboratories are found to be out of compliance with one or more of the conditions for Medicare coverage of their services; and (ii) Requires the Secretary to develop and implement a range of such sanctions, including four that are specified in the statute. (2) The Clinical Laboratory Improvement Act of 1967