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Reply Reply To Opposition To Demurrer To Crosscomplaint

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16 Cited authorities

  1. Blank v. Kirwan

    39 Cal.3d 311 (Cal. 1985)   Cited 3,074 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"

  2. Barnett v. Fireman's Fund Ins. Co.

    90 Cal.App.4th 500 (Cal. Ct. App. 2001)   Cited 188 times
    Finding a potential for coverage for defamation even though the underlying action did not allege all of the elements of that cause of action

  3. Malek v. Blue Cross of Cal.

    121 Cal.App.4th 44 (Cal. Ct. App. 2004)   Cited 118 times   2 Legal Analyses
    In Malek, the court noted that the objective of the statute was to ensure a knowing waiver of the right to a jury trial.

  4. Alvarado v. Dart Container Corp.

    4 Cal.5th 542 (Cal. 2018)   Cited 62 times   12 Legal Analyses
    Stating that "enforcement of a law, especially an ambiguous law, necessarily requires interpretation of that law, and with the benefit of many years' experience, the DLSE has developed numerous interpretations of California's labor laws, which it has compiled in a series of policy manuals"

  5. Asdourian v. Araj

    38 Cal.3d 276 (Cal. 1985)   Cited 125 times   1 Legal Analyses
    In Asdourian, the court, citing Vitek with approval, explained, "a contract made in violation of [the statute] does not involve the kind of illegality which automatically renders an agreement void.

  6. Rodas v. Spiegel

    87 Cal.App.4th 513 (Cal. Ct. App. 2001)   Cited 78 times
    Affirming trial court's order sustaining the defendant's demurrer based on admissions in a plaintiff's opposition and observing, "[w]e may, and shall, take judicial notice of admissions in plaintiff's opposition to demurrer"

  7. Fowler v. Howell

    42 Cal.App.4th 1746 (Cal. Ct. App. 1996)   Cited 87 times
    Holding that an employee acts within the scope of employment when the employee engages in work he or she was employed to perform

  8. George v. Auto. Club of South. California

    201 Cal.App.4th 1112 (Cal. Ct. App. 2011)   Cited 47 times
    Applying rule, but finding no ambiguity

  9. Nielsen Contracting, Inc. v. Applied Underwriters, Inc.

    22 Cal.App.5th 1096 (Cal. Ct. App. 2018)   Cited 34 times   3 Legal Analyses
    Determining that the RPA’s provisions were meant to replace those of the insurance policies and that the Applied Underwriters affiliated entities were "so enmeshed" and "intertwined" that the RPA and insurance policies should be considered together

  10. Donabedian v. Mercury Ins. Co.

    116 Cal.App.4th 968 (Cal. Ct. App. 2004)   Cited 55 times   1 Legal Analyses
    Holding that the California Unfair Business Competition Law allowed plaintiff to sue to enjoin the insurer's activity to benefit others even though plaintiff had never been personally injured by it

  11. Section 11425.60 - Precedent decisions

    Cal. Gov. Code § 11425.60   Cited 114 times   5 Legal Analyses

    (a) A decision may not be expressly relied on as precedent unless it is designated as a precedent decision by the agency. (b) An agency may designate as a precedent decision a decision or part of a decision that contains a significant legal or policy determination of general application that is likely to recur. Designation of a decision or part of a decision as a precedent decision is not rulemaking and need not be done under Chapter 3.5 (commencing with Section 11340). An agency's designation of

  12. Section 11658 - Copy of form or endorsement filed for approval

    Cal. Ins. Code § 11658   Cited 48 times   5 Legal Analyses

    (a) A workers' compensation insurance policy or endorsement shall not be issued by an insurer to any person in this state unless the insurer files a copy of the form or endorsement with the rating organization pursuant to subdivision (e) of Section 11750.3 and 30 days have expired from the date the form or endorsement is received by the commissioner from the rating organization without notice from the commissioner, unless the commissioner gives written approval of the form or endorsement prior to

  13. Section 5 - Headings in code

    Cal. Evid. Code § 5   Cited 45 times
    Commencing with Section 2034.710

  14. Section 2268 - Unlawful Use of Policy Forms, Endorsement Forms, or Ancillary Agreements

    Cal. Code Regs. tit. 10 § 2268   Cited 12 times

    (a) An insurer shall not use any policy form, endorsement form, or ancillary agreement unless attached to and made a part of the policy. If an insurer attaches a policy or endorsement form that restricts or limits the coverage of the policy, it shall conform in all respects with these rules. (b) An insurer shall not use a policy form, endorsement form, or ancillary agreement except those filed and approved by the Commissioner in accordance with these regulations. (c) An insurer shall not use a policy