36 Cited authorities

Blank v. Kirwan
39 Cal.3d 311 (Cal. 1985) Cited 3,071 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"
Lazar v. Superior Court
12 Cal.4th 631 (Cal. 1996) Cited 1,686 times 3 Legal Analyses
Holding that justifiable reliance is a required element of a fraud claim
McKell v. Washington Mutual Inc.
142 Cal.App.4th 1457 (Cal. Ct. App. 2006) Cited 711 times 1 Legal Analyses
Holding that a loan transaction is a business practice under the UCL
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
Weddington Productions, Inc. v. Flick
60 Cal.App.4th 793 (Cal. Ct. App. 1998) Cited 504 times 1 Legal Analyses
Holding that an agreement "must not only contain all the material terms but also express each in a reasonably definite manner."
Doe v. City of Los Angeles
42 Cal.4th 531 (Cal. 2007) Cited 265 times
Holding courts construing California statutes "may not broaden or narrow the scope of the provision by reading into it language that does not appear in it or reading out of it language that does."
Khoury v. Maly's of California, Inc.
14 Cal.App.4th 612 (Cal. Ct. App. 1993) Cited 385 times
Holding that " demurrer for uncertainty is strictly construed, even where a complaint is in some respects uncertain, because ambiguities can be clarified under modern discovery procedures."
Hess v. Ford Motor Company
27 Cal.4th 516 (Cal. 2002) Cited 291 times 1 Legal Analyses
Holding that the doctrine of mistake cannot be used to create a new contract between the parties
Reichert v. General Ins. Co. of America
68 Cal.2d 822 (Cal. 1968) Cited 522 times 2 Legal Analyses
Adding a fourth element, the plaintiff's performance or excuse for nonperformance under the contract
Sessions Payroll v. Noble Construction
84 Cal.App.4th 671 (Cal. Ct. App. 2000) Cited 193 times
Denying attorney fees to intended third-party beneficiary under contract's fee-shifting provision
Section 17200 - Unfair competition defined
Cal. Bus. & Prof. Code § 17200 Cited 18,268 times 315 Legal Analyses
Prohibiting unlawful business practices
Section 339 - Contract, obligation not founded on written instrument; against sheriff or coroner for doing official act; rescission of contract not in writing
Cal. Code Civ. Proc. § 339 Cited 1,528 times 1 Legal Analyses
Holding that a plaintiff must initiate within two years "[a]n action upon a contract, obligation or liability not founded upon an instrument of writing"
Section 1621 - Implied contract
Cal. Civ. Code § 1621 Cited 224 times 1 Legal Analyses
Recognizing validity of implied contracts
Section 3390 - Obligations not specifically enforced
Cal. Civ. Code § 3390 Cited 199 times
Stating that an obligation cannot be enforced where the terms of the agreement "are not sufficiently certain to make the precise act which is to be done clearly ascertainable"
Section 10123.13 - Time for payment of claims; notice claim contested
Cal. Ins. Code § 10123.13 Cited 4 times
(a) Every insurer issuing group or individual policies of health insurance that covers hospital, medical, or surgical expenses, including those telehealth services covered by the insurer as defined in subdivision (a) of Section 2290.5 of the Business and Professions Code, shall reimburse claims or any portion of any claim, whether in state or out of state, for those expenses as soon as practical, but no later than 30 working days after receipt of the claim by the insurer unless the claim or portion
Section 796.04 - Authorization for specific treatment rescinded or modified after provider renders services
Cal. Ins. Code § 796.04 Cited 3 times
A health insurer that provides coverage for hospital, medical, or surgical expenses that authorizes a specific type of treatment for services covered under a policyholder's contract or plan by a provider shall not rescind or modify this authorization after the provider renders the health care service in good faith and pursuant to the authorization for any reason, including, but not limited to, the insurer's subsequent rescission, cancellation, or modification of the insured's or policyholder's contract
Section 6-1.0996 - Graduation Requirements for Certain Students with Disabilities (Transferred)
Fla. Admin. Code R. 6-1.0996 Cited 31 times
Alleging comments regarding age

Demurrer__without_motion_to_strike

36 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 justifiable reliance is a required element of a fraud claim

Holding that a loan transaction is a business practice under the UCL

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

Holding that an agreement "must not only contain all the material terms but also express each in a reasonably definite manner."

Holding courts construing California statutes "may not broaden or narrow the scope of the provision by reading into it language that does not appear in it or reading out of it language that does."

Holding that " demurrer for uncertainty is strictly construed, even where a complaint is in some respects uncertain, because ambiguities can be clarified under modern discovery procedures."

Holding that the doctrine of mistake cannot be used to create a new contract between the parties

Adding a fourth element, the plaintiff's performance or excuse for nonperformance under the contract

Denying attorney fees to intended third-party beneficiary under contract's fee-shifting provision

Prohibiting unlawful business practices

Holding that a plaintiff must initiate within two years "[a]n action upon a contract, obligation or liability not founded upon an instrument of writing"

Recognizing validity of implied contracts

Stating that an obligation cannot be enforced where the terms of the agreement "are not sufficiently certain to make the precise act which is to be done clearly ascertainable"

Alleging comments regarding age