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15 Cited authorities

  1. Allen v. City of Sacramento

    234 Cal.App.4th 41 (Cal. Ct. App. 2015)   Cited 409 times
    Holding allegation of "a wrongful arrest or detention, without more, does not" state a claim for violation of the Bane Act

  2. Burgess v. Superior Court

    2 Cal.4th 1064 (Cal. 1992)   Cited 426 times
    Holding "negligent causing of emotional distress is not an independent tort, but the tort of negligence"; requiring plaintiff alleging entitlement to damages based on "negligent causing of emotional distress" to establish all elements of negligence claim, including "duty"

  3. 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"

  4. Berkley v. Dowds

    152 Cal.App.4th 518 (Cal. Ct. App. 2007)   Cited 207 times
    Holding that the statute "does not create a cause of action as such, but provides for attorney fees, costs and punitive damages under certain conditions"

  5. Ivanoff v. Bank of Am., N.A.

    9 Cal.App.5th 719 (Cal. Ct. App. 2017)   Cited 134 times
    Holding fraud claims "governed by" three-year statute of limitations

  6. Roberts v. Los Angeles County Bar Assn.

    105 Cal.App.4th 604 (Cal. Ct. App. 2003)   Cited 161 times
    Deciding prong-two issue despite trial court's failure to reach it

  7. Construction Protective Services, Inc. v. Tig Specialty Insurance

    29 Cal.4th 189 (Cal. 2002)   Cited 115 times
    Upholding a reversal of demurrer where neither party in a breach of contract dispute submitted a copy of the contract but the plaintiff alleged the legal effect of that contract's terms and the defendant's breach thereunder

  8. Gu v. BMW of North America, LLC

    132 Cal.App.4th 195 (Cal. Ct. App. 2005)   Cited 92 times
    In Gu v. BMW of North America, LLC, 132 Cal.App.4th 195, 204, 33 Cal.Rptr.3d 617 (2005), the court recognized that, "[a] legal duty may be imposed by law, be assumed by the defendant, or exist by virtue of a special relationship" giving rise to a separate claim for negligent infliction of emotional distress based upon a direct victim theory of liability.

  9. McDowell v. Watson

    59 Cal.App.4th 1155 (Cal. Ct. App. 1997)   Cited 115 times
    Stating that “injunctive relief is a remedy and not, in itself a cause of action”

  10. Weimer v. Nationstar Mortg., LLC

    47 Cal.App.5th 341 (Cal. Ct. App. 2020)   Cited 11 times   2 Legal Analyses
    Concluding that the type of lender activity alleged places it "beyond the mere consideration of [the borrower's] loan modification applications"

  11. Section 430.10 - Grounds for objection by party against whom complaint or cross-complaint filed

    Cal. Code Civ. Proc. § 430.10   Cited 1,051 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"

  12. Section 436 - Authority of court upon motion

    Cal. Code Civ. Proc. § 436   Cited 312 times
    Authorizing the court to strike irrelevant, false, or improper matter from a pleading

  13. Section 472 - Time for amending pleading by party of course

    Cal. Code Civ. Proc. § 472   Cited 274 times
    Providing that " party may amend its pleading once without leave of the court at any time before the answer, demurrer, or motion to strike is filed, or after a demurrer or motion to strike is filed but before the demurrer or motion to strike is heard if the amended pleading is filed and served no later than the date for filing an opposition to the demurrer or motion to strike"

  14. Section 431.10 - Material allegation defined; immaterial allegation defined

    Cal. Code Civ. Proc. § 431.10   Cited 12 times

    (a) A material allegation in a pleading is one essential to the claim or defense and which could not be stricken from the pleading without leaving it insufficient as to that claim or defense. (b) An immaterial allegation in a pleading is any of the following: (1) An allegation that is not essential to the statement of a claim or defense. (2) An allegation that is neither pertinent to nor supported by an otherwise sufficient claim or defense. (3) A demand for judgment requesting relief not supported