10 Cited authorities

  1. Jackson v. County of Los Angeles

    60 Cal.App.4th 171 (Cal. Ct. App. 1997)   Cited 369 times   1 Legal Analyses
    Holding that the doctrine of judicial estoppel should apply when: " the same party has taken two positions; the positions were taken in judicial or quasi-judicial administrative proceedings; the party was successful in asserting the first position (i.e., the tribunal adopted the position or accepted it as true); the two positions are totally inconsistent; and the first position was not taken as a result of ignorance, fraud, or mistake."
  2. People v. Castillo

    49 Cal.4th 145 (Cal. 2010)   Cited 135 times
    Holding the Attorney General was judicially estopped from disavowing a stipulation calling for imposition of a two-year term of civil commitment of a sexually violent predator notwithstanding a change in intervening law (The Sexual Punishment and Control Act: Jessica's law, Proposition 83) that called for sexually violent predators to be committed indefinitely, even though "a stipulation similar to the one we consider in the present case now could not properly be negotiated, entered into, and enforced"
  3. Bowden v. Robinson

    67 Cal.App.3d 705 (Cal. Ct. App. 1977)   Cited 95 times   5 Legal Analyses
    Concluding that, in enacting § 25401, the Legislature's intent was to "conspicuously [avoid] the requirement of 'actual reliance'" and provide a remedy to a victim of securities fraud without the "formidable task of proving common law fraud"
  4. Snider v. Snider

    200 Cal.App.2d 741 (Cal. Ct. App. 1962)   Cited 87 times
    In Snider v. Snider, supra, this court observed, "In the summary judgment procedure, the party opposing the motion cannot rely on a verified pleading alone. [Citations.] If such party cannot do so directly, she cannot do so indirectly by merely restating the verified pleading in her counteraffidavit."
  5. Osmond v. EWAP, Inc.

    153 Cal.App.3d 842 (Cal. Ct. App. 1984)   Cited 23 times
    Requiring some meaningful allegation of responsibility for statement
  6. Gallin v. Superior Court

    230 Cal.App.3d 541 (Cal. Ct. App. 1991)   Cited 6 times

    Docket No. D013850. May 10, 1991. Appeal from Superior Court of San Diego County, No. 630907, Jeffrey T. Miller, Judge. COUNSEL Arrow, Edelstein Laird, Peter Laird, Ralph Loeb, Mitchell, Silberberg Knupp, Russell J. Frackman, Hayward J. Kaiser and David A. Steinberg for Petitioners. No appearance for Respondent. Milberg, Weiss, Bershad, Specthrie Lerach, William S. Lerach, Leonard B. Simon, Alan M. Mansfield, Robert W. Brownlie, Greenfield Chimicles, Richard D. Greenfield, Mark C. Rifkin, R. Bruce

  7. Hunt v. United Bank Trust Co.

    210 Cal. 108 (Cal. 1930)   Cited 97 times
    In Hunt v. United Bank Trust Co., 210 Cal. 118 [ 291 P. 184, 188], after referring to the case of Newson v. Hawley, supra, it is said: "If, in the opinion of the court, the evidence is unreliable, it is its duty to grant a new trial, and it may grant such new trial even where there is substantial evidence to sustain the verdict, if it believes that the evidence preponderates against the verdict."
  8. Kaluzok v. Brisson

    27 Cal.2d 760 (Cal. 1946)   Cited 41 times
    In Kaluzok v. Brisson, supra, 27 Cal.2d 760, plaintiffs alleged that in reliance on defendants' fraudulent representations they were induced to purchase real property and to execute and deliver a note secured by a trust deed, as a result of which they suffered damages.
  9. Armstrong v. Smith

    49 Cal.App.2d 528 (Cal. Ct. App. 1942)   Cited 40 times
    In Armstrong v. Smith, 49 Cal.App.2d 528 [ 122 P.2d 115], the contention that venue may be determined by an implied agreement as to the place of performance of a contract was expressly rejected and an order denying a motion for a change of venue to the county of the defendant's residence was reversed.
  10. Caffrey v. Tilton

    38 Cal.2d 371 (Cal. 1952)   Cited 10 times

    Docket No. S.F. 18226. February 5, 1952. APPEAL from an order of the Superior Court of the City and County of San Francisco denying change of venue. Theresa Meikle, Judge. Reversed. F.T. Leonetti for Appellant. Frank J. Baumgarten for Respondent. SHENK, J. The plaintiff is a resident of the city and county of San Francisco. The plaintiff sued the defendant in San Francisco for declaratory relief in reference to his rights under a contract which they had entered into in Los Angeles County. The defendant