12 Cited authorities

Blank v. Kirwan
39 Cal.3d 311 (Cal. 1985) Cited 3,023 times
Holding that the standard for a failure to state a claim is whether "the complaint states facts sufficient to constitute a cause of action"
Quelimane Co. v. Stewart Title Guaranty Co.
19 Cal.4th 26 (Cal. 1998) Cited 754 times 2 Legal Analyses
Holding that title insurer owed no duty of ordinary care to non-clients, commenting that "[i]n the business arena it would be unprecedented to impose a duty on one actor to operate its business in a manner that would ensure the financial success of transactions between third parties"
Pacific Gas Electric Co. v. Bear Stearns Co.
50 Cal.3d 1118 (Cal. 1990) Cited 666 times 5 Legal Analyses
Holding that interference with plaintiff's performance may give rise to a claim for interference with contractual relations if plaintiff's performance is made more costly or more burdensome
Della Penna v. Toyota Motor Sales, U.S.A., Inc.
11 Cal.4th 376 (Cal. 1995) Cited 520 times 6 Legal Analyses
Holding that the tort of intentional or negligence interference with prospective economic advantage requires that a defendant's interference be wrongful "by some measure beyond the fact of the interference itself
Shoemaker v. Myers
52 Cal.3d 1 (Cal. 1990) Cited 460 times 1 Legal Analyses
Holding that "no employee has a vested contractual right ... beyond the time or contrary to the terms and conditions fixed by law"
Mintz v. Blue Cross of California
172 Cal.App.4th 1594 (Cal. Ct. App. 2009) Cited 128 times 1 Legal Analyses
Holding that "corporate agents and employees acting for and on behalf of a corporation cannot be held liable for inducing a breach of the corporation's contract"
Woods v. Fox Broadcasting Sub., Inc.
129 Cal.App.4th 344 (Cal. Ct. App. 2005) Cited 68 times 2 Legal Analyses
Holding that "a party to the plaintiff's contract cannot be liable" for various business torts, including interference with prospective economic advantage
PM Group, Inc. v. Stewart
154 Cal.App.4th 55 (Cal. Ct. App. 2007) Cited 53 times 2 Legal Analyses
Holding that because the subcontracts at issue required the performance by the singer Rod Stewart, who was not a party to the contract sued upon, neither Stewart nor his agents could be found liable for the tort of interference with contract
Davis v. Nadrich
174 Cal.App.4th 1 (Cal. Ct. App. 2009) Cited 46 times
Finding that where defendant and the party to the contract with the plaintiff asserted in declarations that defendant did not know about ongoing contract, plaintiff failed to bring forth facts to show that defendant in intentional interference with contractual relations claim "was sufficiently aware of the details of the . . . contract to form an intent to harm it"
Asahi Kasei Pharma Corp. v. Actelion Ltd.
222 Cal.App.4th 945 (Cal. Ct. App. 2013) Cited 35 times 2 Legal Analyses
Finding substantial evidence supporting a lost profits calculation where the business "does not fit neatly into the established business versus new business paradigm"

Demurrer CLM

12 Cited authorities

Holding that the standard for a failure to state a claim is whether "the complaint states facts sufficient to constitute a cause of action"

Holding that title insurer owed no duty of ordinary care to non-clients, commenting that "[i]n the business arena it would be unprecedented to impose a duty on one actor to operate its business in a manner that would ensure the financial success of transactions between third parties"

Holding that interference with plaintiff's performance may give rise to a claim for interference with contractual relations if plaintiff's performance is made more costly or more burdensome

Holding that the tort of intentional or negligence interference with prospective economic advantage requires that a defendant's interference be wrongful "by some measure beyond the fact of the interference itself

Holding that "no employee has a vested contractual right ... beyond the time or contrary to the terms and conditions fixed by law"

Holding that "corporate agents and employees acting for and on behalf of a corporation cannot be held liable for inducing a breach of the corporation's contract"

Holding that "a party to the plaintiff's contract cannot be liable" for various business torts, including interference with prospective economic advantage

Holding that because the subcontracts at issue required the performance by the singer Rod Stewart, who was not a party to the contract sued upon, neither Stewart nor his agents could be found liable for the tort of interference with contract

Finding substantial evidence supporting a lost profits calculation where the business "does not fit neatly into the established business versus new business paradigm"