Vess v. Ciba-Geigy Corp. USA

Holding that the Rule 9(b) pleading standards apply to California CLRA, FAL, and UCL claims because, though fraud is not an essential element of those statutes, a plaintiff alleges a fraudulent course of conduct as the basis of those claims

DeSoto v. Yellow Freight Systems, Inc.

Holding district court did not abuse discretion in denying leave to amend when no facts consistent with the complaint could save plaintiff's claims

Hamilton v. State Farm Fire Cas. Co.

Holding that an initial “discharge of debt by a bankruptcy court, under these circumstances, is sufficient acceptance to provide a basis for judicial estoppel, even if the discharge is later vacated”

Applied Equipment Corp. v. Litton Saudi Arabia Ltd.

Holding that there is no separate cause of action for civil conspiracy, and that to establish such an action, a plaintiff must show some other underlying tort or civil wrong

Nymark v. Heart Fed. Sav. & Loan Ass'n

Holding that, ordinarily, a financial institution acting within the scope of its conventional activities as a lender owes no duty of care to a borrower

Lona v. Citibank, N.A.

Holding that where the trustee's deed is void on its face, tender is not required

Giles v. General Motors Accep

Holding that the economic loss doctrine "does not bar recovery in tort where the defendant had a duty imposed by law rather than by contract and where the defendant's intentional breach of that duty caused purely monetary harm to the plaintiff"

Moore v. Regents of University of California

Holding that in obtaining a patient's consent to a procedure, "a physician must disclose personal interests unrelated to the patient's health, whether research or economic, that may affect the physician's professional judgment"

Pantoja v. Countrywide Home Loans, Inc.

Holding that there is no express or implicit private right of action under TARP

Lane v. Vitek Real Estate Industries Group

Holding that under California law MERS has standing to foreclose as the nominee for the lender and beneficiary of the deed of trust and may assign its beneficial interest to another party

Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Rule 9 - Pleading Special Matters

Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"

Section 600 - Presumption and inference defined

Defining and distinguishing "presumption" and "inference"

Section 2923 - Lien of mortgage special, exception

Section 1486 - Offer of partial performance