29 Cited authorities

  1. Blank v. Kirwan

    39 Cal.3d 311 (Cal. 1985)   Cited 3,059 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"
  2. Christensen v. Superior Court

    54 Cal.3d 868 (Cal. 1991)   Cited 692 times   1 Legal Analyses
    Holding that defendants owed duty to close family members for whose benefit funeral services were intended to avoid mishandling decedent's remains
  3. Rakestraw v. California Physicians' Service

    81 Cal.App.4th 39 (Cal. Ct. App. 2000)   Cited 484 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
  4. Hayes v. County of San Diego

    57 Cal.4th 622 (Cal. 2013)   Cited 286 times
    Holding that "state negligence law, which considers the totality of the circumstances surrounding any use of deadly force, is broader than federal Fourth Amendment law, which tends to focus more narrowly on the moment when deadly force is used"
  5. Kesner v. Superior Court of Alameda Cnty.

    1 Cal.5th 1132 (Cal. 2016)   Cited 258 times   19 Legal Analyses
    Holding that employers and property owners owe members of a worker's household a duty to prevent take-home exposure to asbestos
  6. Berkley v. Dowds

    152 Cal.App.4th 518 (Cal. Ct. App. 2007)   Cited 206 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"
  7. Serrano v. Priest

    5 Cal.3d 584 (Cal. 1971)   Cited 537 times
    Holding that the structure of the education funding system in California denied students equal protection
  8. Melton v. Boustred

    183 Cal.App.4th 521 (Cal. Ct. App. 2010)   Cited 170 times   1 Legal Analyses
    Holding property owner could not have reasonably foreseen assaults by third parties attending party owner publicized on internet
  9. Daar v. Yellow Cab Co.

    67 Cal.2d 695 (Cal. 1967)   Cited 438 times   1 Legal Analyses
    Using fluid recovery to benefit taxicab customers overcharged by defendant
  10. Bockrath v. Aldrich Chemical Co.

    21 Cal.4th 71 (Cal. 1999)   Cited 169 times   2 Legal Analyses
    Holding that in cases that require resolving "complicated . . . medical causation issues, the standard of proof ordinarily required is a reasonable medical probability based upon competent expert testimony that the defendant's conduct contributed to the plaintiff's injury"
  11. Rule 5 - Serving and Filing Pleadings and Other Papers

    Fed. R. Civ. P. 5   Cited 22,753 times   16 Legal Analyses
    Allowing service by filing papers with the court's electronic-filing system
  12. Section 1714 - Responsibility injury occasioned by want of ordinary care or skill in management of property or person; firearms and ammunition not exempted

    Cal. Civ. Code § 1714   Cited 1,324 times   17 Legal Analyses
    Requiring all persons to use ordinary care to prevent injuries as the result of their conduct
  13. Section 430.10 - Grounds for objection by party against whom complaint or cross-complaint filed

    Cal. Code Civ. Proc. § 430.10   Cited 1,043 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"
  14. Section 430.30 - Objection taken by demurrer; by answer

    Cal. Code Civ. Proc. § 430.30   Cited 374 times   1 Legal Analyses
    Authorizing demurrer to a complaint when the ground for objection appears on the face of the pleading or from any matter of which the court is required to or may take judicial notice
  15. Section 430.50 - Demurrer to whole complaint or any cause of action stated; demurrer to whole answer or to any defenses set up

    Cal. Code Civ. Proc. § 430.50   Cited 10 times

    (a) A demurrer to a complaint or cross-complaint may be taken to the whole complaint or cross-complaint or to any of the causes of action stated therein. (b) A demurrer to an answer may be taken to the whole answer or to any one or more of the several defenses set up in the answer. Ca. Civ. Proc. Code § 430.50 Added by Stats. 1971, Ch. 244.