24 Cited authorities

Blank v. Kirwan
39 Cal.3d 311 (Cal. 1985) Cited 3,071 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"
Durell v. Sharp Healthcare
183 Cal.App.4th 1350 (Cal. Ct. App. 2010) Cited 547 times 3 Legal Analyses
Holding that actual reliance is an element of CUCL claims under the unlawful prong
City of Hope Nat. Medical Center v. Genentech, Inc.
43 Cal.4th 375 (Cal. 2008) Cited 397 times
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"
Cantu v. Resolution Trust Corp.
4 Cal.App.4th 857 (Cal. Ct. App. 1992) Cited 518 times
Holding that "intentional infliction of emotional distress is an injury to the person"
Daniels v. Select Portfolio Servicing, Inc.
246 Cal.App.4th 1150 (Cal. Ct. App. 2016) Cited 232 times 2 Legal Analyses
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"
Graham v. Bank of America, N.A.
226 Cal.App.4th 594 (Cal. Ct. App. 2014) Cited 223 times 1 Legal Analyses
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"
Wolf v. Superior Court
106 Cal.App.4th 625 (Cal. Ct. App. 2003) Cited 164 times 1 Legal Analyses
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
Pierce v. Lyman
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
Harris v. Rudin, Richman Appel
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"
Perlas v. GMAC Mortgage, LLC
187 Cal.App.4th 429 (Cal. Ct. App. 2010) Cited 106 times 2 Legal Analyses
Holding essential elements of fraud include reliance and damages

defendant vanguard properties incs notice of demurrer and demurrer to

24 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 actual reliance is an element of CUCL claims under the unlawful prong

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 that "intentional infliction of emotional distress is an injury to the person"

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

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

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"

Holding essential elements of fraud include reliance and damages