§Why CasetextPricing

Plaintiffs Opposition To Defendants Demurrer To Plaintiffs Third Amended Complaint

Opposition

30 Cited authorities

  1. Fontenot v. Wells Fargo Bank, N.A.

    198 Cal.App.4th 256 (Cal. Ct. App. 2011)   Cited 606 times   4 Legal Analyses
    Holding that, while MERS did not have “its own right to assign the note, since it had no interest in the note to assign,” it had the power to assign the note as the lender's “nominee” or “agent”

  2. Careau & Co. v. Security Pacific Business Credit, Inc.

    222 Cal.App.3d 1371 (Cal. Ct. App. 1990)   Cited 938 times
    Holding that a claim for breach of the implied covenant may be disregarded if it rests on the same set of facts as a claim for breach of contract

  3. Pacific Gas Electric Co. v. Bear Stearns Co.

    50 Cal.3d 1118 (Cal. 1990)   Cited 674 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

  4. Della Penna v. Toyota Motor Sales, U.S.A., Inc.

    11 Cal.4th 376 (Cal. 1995)   Cited 529 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

  5. Fremont Indemnity Co. v. Fremont General Corp.

    148 Cal.App.4th 97 (Cal. Ct. App. 2007)   Cited 362 times
    Holding a net operating loss as intangible property

  6. City v. Merrill Lynch

    68 Cal.App.4th 445 (Cal. Ct. App. 1998)   Cited 458 times
    Holding allegation that brokerage firm encouraged client to undertake "imprudent and unsuitable" investment program that included "speculative investments in extremely volatile securities, risky transactions in highly leveraged interest-bearing instruments, and excessive commissions" sufficient to state a claim for breach of fiduciary duty

  7. Committee on Children's Television, Inc. v. General Foods Corp.

    35 Cal.3d 197 (Cal. 1983)   Cited 717 times   1 Legal Analyses
    Holding that no fiduciary relationship existed between advertisers of cereal and consumers because "it is unnecessary to call upon the law of fiduciary relationships to perform a function for which it was not designed and is largely unsuited"

  8. Pacific Gas E. Co. v. G.W. Thomas Drayage Etc. Co.

    69 Cal.2d 33 (Cal. 1968)   Cited 1,033 times   1 Legal Analyses
    Holding that the court erroneously refused to consider extrinsic evidence offered to prove the meaning of a provision to which it was reasonably susceptible

  9. Miles v. Deutsche Bank National Trust Co.

    236 Cal.App.4th 394 (Cal. Ct. App. 2015)   Cited 171 times   2 Legal Analyses
    Listing the elements of "a tort cause of action for wrongful foreclosure," including that the defendant "caused an illegal, fraudulent, or willfully oppressive sale"

  10. Serrano v. Priest

    5 Cal.3d 584 (Cal. 1971)   Cited 538 times
    Holding that the structure of the education funding system in California denied students equal protection

  11. Rule 8.137 - Settled statement

    Cal. R. 8.137   Cited 386 times

    (a) Description A settled statement is a summary of the superior court proceedings approved by the superior court. An appellant may either elect under (b)(1) or move under (b)(2) to use a settled statement as the record of the oral proceedings in the superior court, instead of a reporter's transcript. (Subd (a) adopted effective January 1, 2018.) (b) When a settled statement may be used (1) An appellant may elect in his or her notice designating the record on appeal under rule 8.121 to use a settled