Holding that when "ascertaining the intent of the parties at the time the contract was executed depends on the credibility of extrinsic evidence, that credibility determination and the interpretation of the contract are questions of fact that may properly be resolved by the jury"
Holding complaint failed to adequately plead successor liability at California's demurrer stage where it did not allege that the defendant "purchased or otherwise acquired [the corporation's] principal assets"
Finding no causation for damages where the "prospect of losing the home to foreclosure [was] the result of default, not the alleged conduct of defendants"
Holding fact that "[e]very contract requires one party to repose an element of trust and confidence in the other to perform" insufficient to create fiduciary duty on part of contracting party
1 Cal.App.4th 1093 (Cal. Ct. App. 1991) Cited 201 times
Discussing caselaw to support a finding that one's active participation in the breach of another's fiduciary duty, even where he himself is not a fiduciary, is liable for such a breach
74 Cal.App.4th 299 (Cal. Ct. App. 1999) Cited 149 times
Holding that if a claim is based upon an "alleged breach of a written contract, the terms must be set out verbatim in the body of the complaint or a copy of the written agreement must be attached and incorporated by reference"