17 Cited authorities

Tomaselli v. Transamerica Ins. Co.
25 Cal.App.4th 1269 (Cal. Ct. App. 1994) Cited 260 times 2 Legal Analyses
Holding conduct showing an insurer's "negligence or slipshod investigation" is not enough to support punitive damages
Minsky v. City of Los Angeles
11 Cal.3d 113 (Cal. 1974) Cited 153 times
Holding "government in effect occupies the position of bailee when it seizes from an arrestee property that is not shown to be contraband"
Honig v. Financial Corp. of America
6 Cal.App.4th 960 (Cal. Ct. App. 1992) Cited 58 times
Holding state claims for wrongful discharge not preempted
Clauson v. Superior Court
67 Cal.App.4th 1253 (Cal. Ct. App. 1998) Cited 36 times
Deciding whether plaintiffs could seek at the pleading stage punitive damages and statutory penalties for unlawful wiretapping
Dieckmann v. Superior Court
175 Cal.App.3d 345 (Cal. Ct. App. 1985) Cited 52 times
Noting "there was no evidence on the record before [the trial court] proving or indicating that plaintiff knew facts giving rise to a products liability action against" the defendant
Roberts v. Ford Aerospace & Communications Corp.
224 Cal.App.3d 793 (Cal. Ct. App. 1990) Cited 32 times
Applying "two issue" rule to special verdict
Higgins v. Del Faro
123 Cal.App.3d 558 (Cal. Ct. App. 1981) Cited 40 times
In Higgins, the defendant filed a demurrer to the complaint on the ground that the escrow agreement, which had been attached as an exhibit to the complaint, was not the agreement between the parties and thus the plaintiff had failed to state a cause of action.
Perkins v. Superior Court
117 Cal.App.3d 1 (Cal. Ct. App. 1981) Cited 39 times
Noting that pleading the language of section 3294 "is not objectionable when sufficient facts are alleged to support the allegation"
Rainer v. Community Memorial Hosp
18 Cal.App.3d 240 (Cal. Ct. App. 1971) Cited 45 times
In Rainer v. Community Memorial Hosp. (1971) 18 Cal.App.3d 240, 259 [ 95 Cal.Rptr. 901], the court considered whether geographic location is irrelevant to the standard of care under the "`similar circumstances'" test.
Green v. Palmer
15 Cal. 411 (Cal. 1860) Cited 49 times
[Copyrighted Material Omitted] Appeal from the Twelfth District. Defendants, Palmer, Cook, Jones, and Wright, composing the firm of Palmer, Cook & Co., and Parker, and Frank Baker, having in their favor, respectively, judgments against Alfred A. Green, brother of plaintiff, caused executions to be issued, and placed in the hands of defendant Uhrig, deputy Sheriff, and defendant Barry, Constable. It being understood that the brothers Green were to receive a large amount of money, at a certain banking
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 473 - Mistake, inadvertence, surprise or excusable neglect
Cal. Code Civ. Proc. § 473 Cited 5,940 times 3 Legal Analyses
Allowing up to six months to challenge a judgment entered through the moving party's mistake, inadvertence, surprise, or excusable neglect
Section 3294 - When damages recoverable for sake of example and by way of punishment; employer liability for acts of employee; death from homicide
Cal. Civ. Code § 3294 Cited 2,843 times 10 Legal Analyses
Stating plaintiff may recover punitive damages "in addition to the actual damages"
Section 1011 - Manner of service
Cal. Code Civ. Proc. § 1011 Cited 80 times
Authorizing personal service on an attorney
Section 1013 - Requirements for service by mail
Cal. Code Civ. Proc. § 1013 Cited 74 times
(a) In case of service by mail, the notice or other paper shall be deposited in a post office, mailbox, subpost office, substation, or mail chute, or other like facility regularly maintained by the United States Postal Service, in a sealed envelope, with postage paid, addressed to the person on whom it is to be served, at the office address as last given by that person on any document filed in the cause and served on the party making service by mail; otherwise at that party's place of residence.
Section 1010.6 - Electronic service of document
Cal. Code Civ. Proc. § 1010.6 Cited 39 times
Authorizing trial courts to adopt local rules permitting electronic filing of documents
Section 12-6.001 - Application of Rules
Fla. Admin. Code R. 12-6.001 Cited 18 times
Stating a third cause of action for “violation of Plaintiffs' First Amendment Right because the policy is unconstitutionally vague and denies due process”

Plaintiffs Opposition To Defendants Motion To Strike Portions of Plaintiffs First Amended Complaint

17 Cited authorities

Holding conduct showing an insurer's "negligence or slipshod investigation" is not enough to support punitive damages

Holding "government in effect occupies the position of bailee when it seizes from an arrestee property that is not shown to be contraband"

Holding state claims for wrongful discharge not preempted

Deciding whether plaintiffs could seek at the pleading stage punitive damages and statutory penalties for unlawful wiretapping

Noting "there was no evidence on the record before [the trial court] proving or indicating that plaintiff knew facts giving rise to a products liability action against" the defendant

Applying "two issue" rule to special verdict

In Higgins, the defendant filed a demurrer to the complaint on the ground that the escrow agreement, which had been attached as an exhibit to the complaint, was not the agreement between the parties and thus the plaintiff had failed to state a cause of action.

Noting that pleading the language of section 3294 "is not objectionable when sufficient facts are alleged to support the allegation"

In Rainer v. Community Memorial Hosp. (1971) 18 Cal.App.3d 240, 259 [ 95 Cal.Rptr. 901], the court considered whether geographic location is irrelevant to the standard of care under the "`similar circumstances'" test.

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

Allowing up to six months to challenge a judgment entered through the moving party's mistake, inadvertence, surprise, or excusable neglect

Stating plaintiff may recover punitive damages "in addition to the actual damages"

Authorizing personal service on an attorney

Authorizing trial courts to adopt local rules permitting electronic filing of documents

Stating a third cause of action for “violation of Plaintiffs' First Amendment Right because the policy is unconstitutionally vague and denies due process”