16 Cited authorities

Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (1986) Cited 236,081 times 38 Legal Analyses
Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"
Celotex Corp. v. Catrett
477 U.S. 317 (1986) Cited 216,195 times 40 Legal Analyses
Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"
AIU Insurance v. Superior Court
51 Cal.3d 807 (Cal. 1990) Cited 795 times 5 Legal Analyses
Holding that an insurance policy covered "as damages" the costs associated with complying with an injunction and/or a reimbursement order for environmental clean-up expenses
In re Bennett
298 F.3d 1059 (9th Cir. 2002) Cited 286 times
Holding that agreement entered into by lawyers after they had received a discharge to remain liable for discharged debts was unenforceable as reaffirmation process had not been observed
Herman v. United Broth. of Carpenters
60 F.3d 1375 (9th Cir. 1995) Cited 78 times
Holding that, under the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. § 621 et seq., which contains definitions of "employer" and "labor organization" that are virtually identical to those in Title VII, a plaintiff who sues a union in its capacity as an employer must demonstrate that the union meets the statutory definition of employer
Jordan v. Allstate Ins. Co.
116 Cal.App.4th 1206 (Cal. Ct. App. 2004) Cited 46 times 2 Legal Analyses
Holding that where policy refers to an "entire collapse," the collapse must be actual rather than imminent
Stamm Theatres v. Hartford Casualty Ins. Co.
93 Cal.App.4th 531 (Cal. Ct. App. 2001) Cited 32 times 6 Legal Analyses
Finding "decay" to be ambiguous and construing it in favor of coverage, such that coverage for collapse due to "hidden decay," without express limitation of that term to organic decomposition, included collapse caused by a "concealed process of gradual loss in the strength of building materials"
San Gabriel Tribune v. Superior Court
143 Cal.App.3d 762 (Cal. Ct. App. 1983) Cited 59 times
In San Gabriel Tribune v. Superior Court, 143 Cal.App.3d 762, 192 Cal.Rptr. 415 (Cal.Ct.App. 1983), a newspaper sought disclosure of financial statements prepared in connection with a municipality's exclusive long-term waste-disposal contract with a garbage company.
Humboldt Bank v. Gulf Insurance Co.
323 F. Supp. 2d 1027 (N.D. Cal. 2004) Cited 14 times
Finding that funds supplied to a servicing contractor for use in ATMs to be an “extension of credit”
Blatz Brewing Co. v. Collins
69 Cal.App.2d 639 (Cal. Ct. App. 1945) Cited 28 times
In Blatz Brewing Co. v. Collins, supra, 69 Cal.App.2d 639, the court held invalid a rule of the administrative agency (then the Board of Equalization) which required that an out-of-state manufacturer of beer have a "certificate of compliance" issued by the agency in order to sell its beer in California.
Section 1636 - Mutual intention of parties
Cal. Civ. Code § 1636 Cited 1,814 times 1 Legal Analyses
Providing a "contract must be so interpreted as to give effect to the mutual intention of the parties as it existed at the time of contracting , so far as the same is ascertainable and lawful"
Section 1638 - Language governs interpretation
Cal. Civ. Code § 1638 Cited 1,357 times
Governing interpretation of contracts
Section 1641 - Whole of contract taken together
Cal. Civ. Code § 1641 Cited 1,221 times 1 Legal Analyses
Specifying that, when interpreting the language of a contract, the court should give effect to every provision
Section 1639 - Intention ascertained from writing
Cal. Civ. Code § 1639 Cited 862 times 1 Legal Analyses
Providing in part: "When a contract is reduced to writing, the intention of the parties is to be ascertained from the writing alone, if possible"
Section 1635 - Generally
Cal. Civ. Code § 1635 Cited 180 times 2 Legal Analyses
Codifying these interpretive principles

Digital Envoy Inc., v. Google Inc.,

16 Cited authorities

Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"

Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"

Holding that an insurance policy covered "as damages" the costs associated with complying with an injunction and/or a reimbursement order for environmental clean-up expenses

Holding that agreement entered into by lawyers after they had received a discharge to remain liable for discharged debts was unenforceable as reaffirmation process had not been observed

Holding that where policy refers to an "entire collapse," the collapse must be actual rather than imminent

Finding "decay" to be ambiguous and construing it in favor of coverage, such that coverage for collapse due to "hidden decay," without express limitation of that term to organic decomposition, included collapse caused by a "concealed process of gradual loss in the strength of building materials"

In San Gabriel Tribune v. Superior Court, 143 Cal.App.3d 762, 192 Cal.Rptr. 415 (Cal.Ct.App. 1983), a newspaper sought disclosure of financial statements prepared in connection with a municipality's exclusive long-term waste-disposal contract with a garbage company.

Finding that funds supplied to a servicing contractor for use in ATMs to be an “extension of credit”

Providing a "contract must be so interpreted as to give effect to the mutual intention of the parties as it existed at the time of contracting , so far as the same is ascertainable and lawful"

Governing interpretation of contracts

Specifying that, when interpreting the language of a contract, the court should give effect to every provision

Providing in part: "When a contract is reduced to writing, the intention of the parties is to be ascertained from the writing alone, if possible"

Codifying these interpretive principles