Lazar v. Superior Court

Holding that justifiable reliance is a required element of a fraud claim

Rakestraw v. California Physicians' Service

Requiring party to "clearly and specifically set forth the ‘applicable substantive law’ and the legal basis for amendment, i.e., the elements of the cause of action and authority for it," and all specific factual allegations for the claim

Alki Partners, LP v. DB Fund Servs., LLC

Noting that indemnity agreements generally do not allow for the recovery of attorney fees incurred in an action for breach of contract between the parties to that agreement, but that an exception exists where the indemnity provision includes express language providing for attorneys' fees incurred in enforcing the agreement

Barnett v. Fireman's Fund Ins. Co.

Finding a potential for coverage for defamation even though the underlying action did not allege all of the elements of that cause of action

Fiol v. Doellstedt

Holding that a supervisor is not liable to third parties for the alleged sexually harassing conduct of his subordinates

Manderville v. PCG&S Group, Inc.

Reversing summary judgment for defendant; "[E]xculpatory clauses [which included a reliance disclaimer] do not preclude, as a matter of law, the [plaintiffs'] . . . justifiable reliance, and thus . . . do not bar the . . . claim for intentional misrepresentation . . . ."

Richman v. Hartley

Stating the elements of such a claim under California law

Owens v. Kings Supermarket

Holding that supermarket did not owe a duty to a customer injured by the negligence of a third party on an adjacent public street because the supermarket had no control over the public street

George v. Auto. Club of South. California

Applying rule, but finding no ambiguity

Citizens of Humanity, LLC v. Costco Wholesale Corp.

Noting that plaintiff could reduce the number of involved distributors to relatively few and then make inquiries directly to them

Section 430.10 - Grounds for objection by party against whom complaint or cross-complaint filed

Explaining "[t]he party against whom a complaint ... has been filed may object, by demurrer ..., to the pleading" on the basis that "[t]he pleading does not state facts sufficient to constitute a cause of action"

Section 430.30 - Objection taken by demurrer; by answer

Authorizing demurrer to a complaint when the ground for objection appears on the face of the pleading or from any matter of which the court is required to or may take judicial notice

Section 425.10 - Requirements of complaint or cross-complaint; amount demanded in damages not stated

Requiring complaint to contain " statement of the facts constituting the cause of action, in ordinary and concise language"

Section 1061 - Declaration or determinations not necessary or proper

Section 3 - No part retroactive

In section 3(b), titled "Enforcement by Lien," the GCC & R's provide: "There is hereby created a claim of lien, with power of sale, on the Golf Course Property to secure payment to the Association [ (BCMA) ] of any and all Assessments levied against any and all owners of the Golf Course Property pursuant to this Declaration...."

Section 430.50 - Demurrer to whole complaint or any cause of action stated; demurrer to whole answer or to any defenses set up