35 Cited authorities

Blank v. Kirwan
39 Cal.3d 311 (Cal. 1985) Cited 3,081 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"
Careau & Co. v. Security Pacific Business Credit, Inc.
222 Cal.App.3d 1371 (Cal. Ct. App. 1990) Cited 942 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
Sonora Diamond Corp. v. Superior Court
83 Cal.App.4th 523 (Cal. Ct. App. 2000) Cited 666 times 6 Legal Analyses
Holding that the alter ego doctrine is a mechanism for imposing liability on a parent company for the actions of its subsidiaries whereas single entity liability applies to sister corporations
Campbell v. Regents of University of California
35 Cal.4th 311 (Cal. 2005) Cited 374 times 2 Legal Analyses
Holding generally that "where an administrative remedy is provided by statute, relief must be sought from the administrative body and this remedy exhausted before the courts will act" without explicitly addressing exhaustion before the Labor Commissioner under section 98.7
Gruenberg v. Aetna Ins. Co.
9 Cal.3d 566 (Cal. 1973) Cited 814 times 6 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
Leek v. Cooper
194 Cal.App.4th 399 (Cal. Ct. App. 2011) Cited 175 times 2 Legal Analyses
Holding "allegation that a person owns all of the corporate stock and makes all of the management decisions is insufficient to cause the court to disregard the corporate entity"
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
Roy Allan Slurry Seal, Inc. v. Am. Asphalt S., Inc.
2 Cal.5th 505 (Cal. 2017) Cited 112 times 3 Legal Analyses
Noting that a tortious interference claim "protects the expectation that the relationship eventually will yield the desired benefit, not necessarily the more speculative expectation that a potentially beneficial relationship will eventually arise."
Comunale v. Traders & General Ins. Co.
50 Cal.2d 654 (Cal. 1958) Cited 589 times 7 Legal Analyses
Holding that an insured has a cause of action for bad faith if an insurer mishandles a claim by a third party against the insured
San Diego Federal Credit Union v. Cumis Ins. Society, Inc.
162 Cal.App.3d 358 (Cal. Ct. App. 1984) Cited 245 times 16 Legal Analyses
Holding that an insurance company must hire an independent attorney to represent its insured when the carrier reserves the right to deny coverage at a later date
Section 2860 - Duty of insurer to provide independent counsel to insured
Cal. Civ. Code § 2860 Cited 276 times 25 Legal Analyses
Implementing Cumis rule

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35 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 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 the alter ego doctrine is a mechanism for imposing liability on a parent company for the actions of its subsidiaries whereas single entity liability applies to sister corporations

Holding generally that "where an administrative remedy is provided by statute, relief must be sought from the administrative body and this remedy exhausted before the courts will act" without explicitly addressing exhaustion before the Labor Commissioner under section 98.7

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

Holding "allegation that a person owns all of the corporate stock and makes all of the management decisions is insufficient to cause the court to disregard the corporate entity"

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

Noting that a tortious interference claim "protects the expectation that the relationship eventually will yield the desired benefit, not necessarily the more speculative expectation that a potentially beneficial relationship will eventually arise."

Holding that an insured has a cause of action for bad faith if an insurer mishandles a claim by a third party against the insured

Holding that an insurance company must hire an independent attorney to represent its insured when the carrier reserves the right to deny coverage at a later date

Implementing Cumis rule