17 Cited authorities

Allen v. City of Sacramento
234 Cal.App.4th 41 (Cal. Ct. App. 2015) Cited 408 times
Holding allegation of "a wrongful arrest or detention, without more, does not" state a claim for violation of the Bane Act
Rakestraw v. California Physicians' Service
81 Cal.App.4th 39 (Cal. Ct. App. 2000) Cited 486 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
Goodman v. Kennedy
18 Cal.3d 335 (Cal. 1976) Cited 613 times 1 Legal Analyses
Holding that defendant attorney owed no duty to third parties who relied on faulty advice the attorney gave his clients "in the absence of any showing that the legal advice was foreseeably transmitted to or relied upon by plaintiffs or that plaintiffs were intended beneficiaries of a transaction to which the advice pertained"
Ivanoff v. Bank of Am., N.A.
9 Cal.App.5th 719 (Cal. Ct. App. 2017) Cited 132 times
Holding fraud claims "governed by" three-year statute of limitations
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
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”
Wilhelm v. Pray, Price, Williams & Russell
186 Cal.App.3d 1324 (Cal. Ct. App. 1986) Cited 157 times
Holding that "essential allegations for an action in fraud or deceit are false representation as to a material fact, knowledge of its falsity, intent to defraud, justifiable reliance and resulting damage"
City of Pomona v. Superior Court
89 Cal.App.4th 793 (Cal. Ct. App. 2001) Cited 87 times 2 Legal Analyses
Stating that the False Claims Act can create liability even if the defendant is not the immediate recipient of a false claim benefit
Mesa Shopping Center-East, LLC v. Hill
232 Cal.App.4th 890 (Cal. Ct. App. 2014) Cited 27 times
Agreeing "that an order granting a motion to vacate a voluntary dismissal is not appealable as such"
Schonfeldt v. State of California
61 Cal.App.4th 1462 (Cal. Ct. App. 1998) Cited 44 times
In Schonfeldt, a teenager climbed a “freeway fence” and ran across a freeway, where he was struck by a truck and severely injured.
Section 430.10 - Grounds for objection by party against whom complaint or cross-complaint filed
Cal. Code Civ. Proc. § 430.10 Cited 1,050 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"
Section 4200 - Creation of common interest development
Cal. Civ. Code § 4200 Cited 16 times
Davis-Sterling Act "applies and a common interest development is created whenever a separate interest in the common area or membership in the association is, or has been, conveyed . . ."

memorandum of points and authorities in support of defendant 2100 gree

17 Cited authorities

Holding allegation of "a wrongful arrest or detention, without more, does not" state a claim for violation of the Bane Act

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

Holding fraud claims "governed by" three-year statute of limitations

Deciding prong-two issue despite trial court's failure to reach it

Stating that “injunctive relief is a remedy and not, in itself a cause of action”

Holding that "essential allegations for an action in fraud or deceit are false representation as to a material fact, knowledge of its falsity, intent to defraud, justifiable reliance and resulting damage"

Stating that the False Claims Act can create liability even if the defendant is not the immediate recipient of a false claim benefit

Agreeing "that an order granting a motion to vacate a voluntary dismissal is not appealable as such"

In Schonfeldt, a teenager climbed a “freeway fence” and ran across a freeway, where he was struck by a truck and severely injured.

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"

Davis-Sterling Act "applies and a common interest development is created whenever a separate interest in the common area or membership in the association is, or has been, conveyed . . ."