39 Cited authorities

City of Stockton v. Superior Court
42 Cal.4th 730 (Cal. 2007) Cited 664 times
Holding that contract claims are subject to the CTCA's presentment requirement; adding that the CTCA is better referred to as the Government Claims Act "to reduce confusion"
Ann M. v. Pacific Plaza Shopping Center
6 Cal.4th 666 (Cal. 1993) Cited 573 times 2 Legal Analyses
Holding that to impose duty without requisite degree of foreseeability would force landlords to become insurers of public safety
LiMandri v. Judkins
52 Cal.App.4th 326 (Cal. Ct. App. 1997) Cited 510 times
Holding that nondisclosure may constitute fraud "when the defendant had exclusive knowledge of material facts not known to the plaintiff"
Rowland v. Christian
69 Cal.2d 108 (Cal. 1968) Cited 1,262 times 20 Legal Analyses
Holding that Section 1714 superceded prior common-law negligence rules
Edwards v. Centex Real Estate Corp.
53 Cal.App.4th 15 (Cal. Ct. App. 1997) Cited 260 times
Holding that "the privilege attaches at that point in time that imminent access to the courts is seriously proposed by a party in good faith for the purpose of resolving a dispute, and not when a threat of litigation is made merely as a means of obtaining settlement"
Serrano v. Priest
5 Cal.3d 584 (Cal. 1971) Cited 537 times
Holding that the structure of the education funding system in California denied students equal protection
North American Chemical Co. v. Superior Court
59 Cal.App.4th 764 (Cal. Ct. App. 1997) Cited 235 times
Holding the economic loss rule does not apply in cases involving the negligent performance of services that results in foreseeable economic loss
Comunale v. Traders & General Ins. Co.
50 Cal.2d 654 (Cal. 1958) Cited 587 times 7 Legal Analyses
Holding that an insured has a cause of action for bad faith if an insurer mishandles a claim by a third party against the insured
Unruh-Haxton v. Regents of University of California
162 Cal.App.4th 343 (Cal. Ct. App. 2008) Cited 136 times
Holding the "statute of limitations does not begin to run when some members of the public have a suspicion of wrongdoing, but only once the plaintiff has a suspicion of wrongdoing"
Gould v. Maryland Sound Industries, Inc.
31 Cal.App.4th 1137 (Cal. Ct. App. 1995) Cited 189 times
Holding that discharge to avoid payment of wages is cognizable in tort as a wrongful discharge
Rule 5 - Serving and Filing Pleadings and Other Papers
Fed. R. Civ. P. 5 Cited 22,753 times 16 Legal Analyses
Allowing service by filing papers with the court's electronic-filing system
Section 1856 - Contradiction of terms of agreement by evidence of prior agreement or contemporaneous oral agreement; evidence explaining or supplementing terms
Cal. Code Civ. Proc. § 1856 Cited 978 times 6 Legal Analyses
Codifying the use of "course of performance" evidence as extrinsic evidence
Section 1559 - Enforcement of contract made for benefit of third party
Cal. Civ. Code § 1559 Cited 604 times
Allowing enforcement a contract “made expressly for the benefit of a third person”
Rule 3.1113 - Memorandum
Cal. R. 3.1113 Cited 102 times
(a) Memorandum in support of motion A party filing a motion, except for a motion listed in rule 3.1114, must serve and file a supporting memorandum. The court may construe the absence of a memorandum as an admission that the motion or special demurrer is not meritorious and cause for its denial and, in the case of a demurrer, as a waiver of all grounds not supported. (b) Contents of memorandum The memorandum must contain a statement of facts, a concise statement of the law, evidence and arguments
Rule 3.1300 - Time for filing and service of motion papers
Cal. R. 3.1300 Cited 98 times
(a) In general Unless otherwise ordered or specifically provided by law, all moving and supporting papers must be served and filed in accordance with Code of Civil Procedure section 1005 and, when applicable, the statutes and rules providing for electronic filing and service. (Subd (a) amended effective January 1, 2016; previously amended effective January 1, 2000, and January 1, 2007.) (b) Order shortening time The court, on its own motion or on application for an order shortening time supported

Opposition

39 Cited authorities

Holding that contract claims are subject to the CTCA's presentment requirement; adding that the CTCA is better referred to as the Government Claims Act "to reduce confusion"

Holding that to impose duty without requisite degree of foreseeability would force landlords to become insurers of public safety

Holding that nondisclosure may constitute fraud "when the defendant had exclusive knowledge of material facts not known to the plaintiff"

Holding that Section 1714 superceded prior common-law negligence rules

Holding that "the privilege attaches at that point in time that imminent access to the courts is seriously proposed by a party in good faith for the purpose of resolving a dispute, and not when a threat of litigation is made merely as a means of obtaining settlement"

Holding that the structure of the education funding system in California denied students equal protection

Holding the economic loss rule does not apply in cases involving the negligent performance of services that results in foreseeable economic loss

Holding that an insured has a cause of action for bad faith if an insurer mishandles a claim by a third party against the insured

Holding the "statute of limitations does not begin to run when some members of the public have a suspicion of wrongdoing, but only once the plaintiff has a suspicion of wrongdoing"

Holding that discharge to avoid payment of wages is cognizable in tort as a wrongful discharge

Allowing service by filing papers with the court's electronic-filing system

Codifying the use of "course of performance" evidence as extrinsic evidence

Allowing enforcement a contract “made expressly for the benefit of a third person”