16 Cited authorities

Foley v. Interactive Data Corp.
47 Cal.3d 654 (Cal. 1988) Cited 1,158 times 1 Legal Analyses
Holding that tort damages are not available for breach of an employment contract
Chavez v. Indymac Mortgage Services
219 Cal.App.4th 1052 (Cal. Ct. App. 2013) Cited 158 times
Applying California law
Thomson v. Canyon
198 Cal.App.4th 594 (Cal. Ct. App. 2011) Cited 112 times
Holding that where "damages are an element of a cause of action, the cause of action does not accrue until the damages have been sustained . . . when the wrongful act does not result in immediate damage, the cause of action does not accrue prior to the maturation of perceptible harm."
Construction Protective Services, Inc. v. Tig Specialty Insurance
29 Cal.4th 189 (Cal. 2002) Cited 116 times
Upholding a reversal of demurrer where neither party in a breach of contract dispute submitted a copy of the contract but the plaintiff alleged the legal effect of that contract's terms and the defendant's breach thereunder
Perez v. Golden Empire Transit District
209 Cal.App.4th 1228 (Cal. Ct. App. 2012) Cited 74 times 2 Legal Analyses
Finding that the following allegation sufficiently pled CGA exhaustion: "[o]n January 15, 2010, Plaintiff filed a timely claim complying with the required claims statute."
Burnett v. Chimney Sweep
123 Cal.App.4th 1057 (Cal. Ct. App. 2004) Cited 77 times
Interpreting exculpatory clause identical to Paragraph 8.8. and finding that it only applies to "liability for property damage or personal injury" and "loss of profits"
Kiseskey v. Carpenters' Trust for So. California
144 Cal.App.3d 222 (Cal. Ct. App. 1983) Cited 137 times
Holding that the plaintiff sufficiently alleged outrageous conduct where the defendant called the plaintiff a "no good son of a bitch," threatened to put the plaintiff in the hospital, and threatened the well-being of the plaintiff's wife and children
George v. Auto. Club of South. California
201 Cal.App.4th 1112 (Cal. Ct. App. 2011) Cited 47 times
Applying rule, but finding no ambiguity
Stormedia Incorporated v. Superior Court
20 Cal.4th 449 (Cal. 1999) Cited 70 times
Confirming allegations in the complaint by referencing a judicially-noticed employee stock purchase plan that showed the " 'exercise date' on which stock was sold to participants"
Dalkilic v. Titan Corp.
516 F. Supp. 2d 1177 (S.D. Cal. 2007) Cited 18 times 1 Legal Analyses
Applying California contract law to a contract for work performed in Iraq

Garth Blumenthal vs. Fletcher Jones

16 Cited authorities

Holding that tort damages are not available for breach of an employment contract

Applying California law

Holding that where "damages are an element of a cause of action, the cause of action does not accrue until the damages have been sustained . . . when the wrongful act does not result in immediate damage, the cause of action does not accrue prior to the maturation of perceptible harm."

Upholding a reversal of demurrer where neither party in a breach of contract dispute submitted a copy of the contract but the plaintiff alleged the legal effect of that contract's terms and the defendant's breach thereunder

Finding that the following allegation sufficiently pled CGA exhaustion: "[o]n January 15, 2010, Plaintiff filed a timely claim complying with the required claims statute."

Interpreting exculpatory clause identical to Paragraph 8.8. and finding that it only applies to "liability for property damage or personal injury" and "loss of profits"

Holding that the plaintiff sufficiently alleged outrageous conduct where the defendant called the plaintiff a "no good son of a bitch," threatened to put the plaintiff in the hospital, and threatened the well-being of the plaintiff's wife and children

Applying rule, but finding no ambiguity

Confirming allegations in the complaint by referencing a judicially-noticed employee stock purchase plan that showed the " 'exercise date' on which stock was sold to participants"

Applying California contract law to a contract for work performed in Iraq