43 Cited authorities

  1. Waller v. Truck Ins. Exchange, Inc.

    11 Cal.4th 1 (Cal. 1995)   Cited 1,735 times   5 Legal Analyses
    Holding that, when extrinsic facts eliminate the potential for coverage, an insurer may decline to defend even if the complaint had suggested potential liability
  2. Applied Equipment Corp. v. Litton Saudi Arabia Ltd.

    7 Cal.4th 503 (Cal. 1994)   Cited 1,163 times   5 Legal Analyses
    Holding that there is no separate cause of action for civil conspiracy, and that to establish such an action, a plaintiff must show some other underlying tort or civil wrong
  3. McKell v. Washington Mutual Inc.

    142 Cal.App.4th 1457 (Cal. Ct. App. 2006)   Cited 699 times   2 Legal Analyses
    Holding that a loan transaction is a business practice under the UCL
  4. Robinson Helicopter Co. v. Dana Corp.

    34 Cal.4th 979 (Cal. 2004)   Cited 729 times   3 Legal Analyses
    Holding the "narrow" exception to the economic loss rule is "limited to a defendant's affirmative misrepresentations on which a plaintiff relies and which expose a plaintiff to liability for personal damages."
  5. Rakestraw v. California Physicians' Service

    81 Cal.App.4th 39 (Cal. Ct. App. 2000)   Cited 466 times
    Requiring party to "clearly and specifically set forth the ‘applicable substantive law’ and the legal basis for amendment, i.e., the elements of the cause of action and authority for it," and all specific factual allegations for the claim
  6. Erlich v. Menezes

    21 Cal.4th 543 (Cal. 1999)   Cited 455 times   1 Legal Analyses
    Holding that a defendant may not be liable for negligent breach of contract
  7. Gruenberg v. Aetna Ins. Co.

    9 Cal.3d 566 (Cal. 1973)   Cited 808 times   5 Legal Analyses
    Holding that "when the insurer unreasonably and in bad faith withholds payment of the claim of its insured, it is subject to liability" for violation of the implied covenant of good faith and fair dealing
  8. Reynolds v. Bement

    36 Cal.4th 1075 (Cal. 2005)   Cited 273 times   9 Legal Analyses
    Holding that statutes are construed in light of the common law unless the Legislature clearly and unequivocally indicates otherwise
  9. Mesler v. Bragg Management Co.

    39 Cal.3d 290 (Cal. 1985)   Cited 456 times   1 Legal Analyses
    Holding that the trial court should have allowed plaintiff to amend the complaint to add an alter ego theory
  10. Kransco v. American Empire Surplus Lines Ins. Co.

    23 Cal.4th 390 (Cal. 2000)   Cited 259 times   5 Legal Analyses
    Holding "contractual breaches are generally excluded from comparative fault allocations; favorably citing comment in treatise that "comparative fault [is] inapplicable to actions that are fully contractual in their gravamen"
  11. Section 452 - Matters permitting judicial notice

    Cal. Evid. Code § 452   Cited 7,834 times   1 Legal Analyses
    Permitting notice to be taken of the "[o]fficial acts of the . . . judicial departments . . . of any state of the United States"
  12. Section 430.10 - Grounds for objection by party against whom complaint or cross-complaint filed

    Cal. Code Civ. Proc. § 430.10   Cited 1,025 times
    Explaining "[t]he party against whom a complaint ... has been filed may object, by demurrer ..., to the pleading" on the basis that "[t]he pleading does not state facts sufficient to constitute a cause of action"
  13. Section 11580 - Provisions required in policy insuring against losses

    Cal. Ins. Code § 11580   Cited 369 times   3 Legal Analyses
    In § 11580, California has announced that an insurance policy must allow for some kind of action to seek recovery when judgment is rendered against the insured.
  14. Section 430.41 - Meeting required before filing demurrer

    Cal. Code Civ. Proc. § 430.41   Cited 80 times
    Addressing meet and confer conferences following grant of demurrer with leave to amend; "Nothing in this section prohibits the court from ordering a conference on its own motion at any time or prevents a party from requesting that the court order a conference to be held"
  15. Section 381 - Matters specified in policy

    Cal. Ins. Code § 381   Cited 31 times   1 Legal Analyses

    A policy shall specify: (a) The parties between whom the contract is made. (b) The property or life insured. (c) The interest of the insured in property insured, if he is not the absolute owner thereof. (d) The risks insured against. (e) The period during which the insurance is to continue. (f) Either: (1) A statement of the premium, or (2) If the insurance is of a character where the exact premium is only determinable upon the termination of the contract, a statement of the basis and rates upon