12 Cited authorities

Founding Members v. Newport Beach
109 Cal.App.4th 944 (Cal. Ct. App. 2003) Cited 432 times
Holding that extrinsic evidence could be used to help determine the meaning of an integrated contract, provided that the extrinsic evidence "is relevant to prove a meaning to which the language of the instrument is reasonably susceptible."
Mission Viejo Emergency Med. Assoc. v. Beta Healthcare Grp.
197 Cal.App.4th 1146 (Cal. Ct. App. 2011) Cited 82 times
Noting that under the holding in Concepcion the "[g]eneral state law doctrine pertaining to unconscionability is preserved unless it involves a defense that applies 'only to arbitration or that derive[its] meaning from the fact that an agreement to arbitrate is at issue'"
Berman v. Bromberg
56 Cal.App.4th 936 (Cal. Ct. App. 1997) Cited 112 times
Recognizing the policy of "great liberality" which applies to allowing amendments to pleadings
Windham at Carmel Mountain Ranch Assn. v. Superior Court
109 Cal.App.4th 1162 (Cal. Ct. App. 2003) Cited 69 times
Noting that exceptions to privity apply to certain products
Tracy Press, Inc. v. Superior Court
164 Cal.App.4th 1290 (Cal. Ct. App. 2008) Cited 45 times
In Tracy Press, Tucker was an indispensable party because the newspaper sought to compel her to act and there was no effective order that could be made in her absence.
Kaczorowski v. Board of Supervisors
88 Cal.App.4th 564 (Cal. Ct. App. 2001) Cited 38 times 4 Legal Analyses
In Kaczorowski v. Mendocino County Board of Supervisors (2001) 88 Cal.App.4th 564, the plaintiff filed an action claiming the Board had violated the California Environmental Quality Act by not requiring an environmental impact report for a proposed project.
Zant v. Apple Inc.
229 Cal.App.4th 965 (Cal. Ct. App. 2014) Cited 12 times
H039354 2014-09-12 Ingrid VAN ZANT, Plaintiff and Appellant, v. APPLE INC., Defendant and Respondent. See 4 Witkin, Cal. Procedure (5th ed. 2008) Pleading, § 182 et seq. Santa Clara County Superior Court, Honorable James P. Kleinberg, Trial Judge. (Super. Ct. No. 1–10–CV–177571) MÁRQUEZ See 4 Witkin, Cal. Procedure (5th ed. 2008) Pleading, § 182 et seq. Santa Clara County Superior Court, Honorable James P. Kleinberg, Trial Judge. (Super. Ct. No. 1–10–CV–177571) Altshuler Berzon LLP, Jonathan Weissglass
Lippert v. Bailey
241 Cal.App.2d 376 (Cal. Ct. App. 1966) Cited 78 times 1 Legal Analyses
Holding that insurance agents could not be held individually liable for their alleged negligent invasion of an insured's contractual rights by failing to obtain adequate insurance coverage
Quality Wash Group V, Ltd. v. Hallak
50 Cal.App.4th 1687 (Cal. Ct. App. 1996) Cited 14 times
In Quality Wash Group V, Ltd. v. Hallak, 50 Cal. App. 4th 1687, 1702, 58 Cal. Rptr. 2d 592, 601-02 (Ct.App. 1996), for example, the court found that when a buyer of a business assumed the obligations under a note issued by its seller, and then later paid that note, it was not an accommodation party.
Kaufman Broad Bldg. Co. v. City Sub. Mortg
10 Cal.App.3d 206 (Cal. Ct. App. 1970) Cited 29 times
In Kaufman & Broad Bldg. Co. v. City & Suburban Mortg. Co. (1970) 10 Cal.App.3d 206 (Kaufman), the Court of Appeal addressed what constitutes an abandonment of an action under former subdivision 4 (now subdivision (d)) of section 581.

Reply To Opposition

12 Cited authorities

Holding that extrinsic evidence could be used to help determine the meaning of an integrated contract, provided that the extrinsic evidence "is relevant to prove a meaning to which the language of the instrument is reasonably susceptible."

Noting that under the holding in Concepcion the "[g]eneral state law doctrine pertaining to unconscionability is preserved unless it involves a defense that applies 'only to arbitration or that derive[its] meaning from the fact that an agreement to arbitrate is at issue'"

Recognizing the policy of "great liberality" which applies to allowing amendments to pleadings

Noting that exceptions to privity apply to certain products

In Tracy Press, Tucker was an indispensable party because the newspaper sought to compel her to act and there was no effective order that could be made in her absence.

In Kaczorowski v. Mendocino County Board of Supervisors (2001) 88 Cal.App.4th 564, the plaintiff filed an action claiming the Board had violated the California Environmental Quality Act by not requiring an environmental impact report for a proposed project.

Holding that insurance agents could not be held individually liable for their alleged negligent invasion of an insured's contractual rights by failing to obtain adequate insurance coverage

In Kaufman & Broad Bldg. Co. v. City & Suburban Mortg. Co. (1970) 10 Cal.App.3d 206 (Kaufman), the Court of Appeal addressed what constitutes an abandonment of an action under former subdivision 4 (now subdivision (d)) of section 581.