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James v. UMG Recordings, Inc.

MOTION for Summary Judgment No. 2 on All Causes of Action of All Plaintiffs, or Alternatively, on Plaintiffs' Fourth, Fifth and Sixth Causes of Action for Open Book Account, Violation of California Business & Professions Code 17200, and Violation of New York General Business Law 349

55 Cited authorities

  1. Corsello v. Verizon N.Y., Inc.

    2012 N.Y. Slip Op. 2343 (N.Y. 2012)   Cited 996 times
    Holding that "[t]o the extent that these claims succeed, the unjust enrichment claim is duplicative; if plaintiffs' other claims are defective, an unjust enrichment claim cannot remedy the defects"

  2. Norgart v. Upjohn Co.

    21 Cal.4th 383 (Cal. 1999)   Cited 1,325 times   1 Legal Analyses
    Holding that the discovery rule "postpones accrual of a cause of action until the plaintiff discovers, or has reason to discover, the cause of action, until, that is, he at least suspects, or has reason to suspect, a factual basis for its elements"

  3. Pension Fund v. Marine Bank

    85 N.Y.2d 20 (N.Y. 1995)   Cited 1,537 times   1 Legal Analyses
    Holding that the definition of deceptive acts and practices under GBL § 349 includes "representations or omissions"

  4. Briggs v. Eden Council for Hope Opportunity

    19 Cal.4th 1106 (Cal. 1999)   Cited 1,083 times   3 Legal Analyses
    Holding that anti-SLAPP motions brought "to strike a cause of action arising from a statement made before, or in connection with an issue under consideration by, a legally authorized official proceeding need not separately demonstrate that the statement concerned an issue of public significance."

  5. Jolly v. Eli Lilly & Co.

    44 Cal.3d 1103 (Cal. 1988)   Cited 1,018 times   3 Legal Analyses
    Holding that a plaintiff who suspects wrongdoing but is unaware of any specific facts establishing wrongful conduct on the part of the defendant, may not delay bringing an action until she discovers such facts or their legal significance

  6. Love v. Fire Ins. Exchange

    221 Cal.App.3d 1136 (Cal. Ct. App. 1990)   Cited 565 times   2 Legal Analyses
    Holding bad faith occurs when the insurer withholds benefits unreasonably or without proper cause

  7. Ely-Cruikshank Co. v. Bank

    81 N.Y.2d 399 (N.Y. 1993)   Cited 503 times
    Holding that the statute of limitations accrues from time of breach

  8. Coastal Abstract Service v. First Amer. Title

    173 F.3d 725 (9th Cir. 1998)   Cited 367 times   3 Legal Analyses
    Holding actionable under § 43(B) a statement that an escrow agent was not paying his bills

  9. Global Financial Corp. v. Triarc Corp.

    93 N.Y.2d 525 (N.Y. 1999)   Cited 291 times
    Holding that where the alleged injury was "purely economic," the non-resident corporate Plaintiff's breach of contract claims accrued in the jurisdiction in which it sustained the economic impact of the alleged breach — either the state of incorporation or its principal place of business — rather than New York, thus requiring application of the borrowing statute

  10. Linear Tech. v. Applied Materials

    152 Cal.App.4th 115 (Cal. Ct. App. 2007)   Cited 224 times   1 Legal Analyses
    Holding a corporate plaintiff "may not rely on the UCL" in a contract action where neither the general public or individual consumers are implicated

  11. Rule 26 - Duty to Disclose; General Provisions Governing Discovery

    Fed. R. Civ. P. 26   Cited 98,841 times   678 Legal Analyses
    Adopting Fed.R.Civ.P. 37

  12. Section 17200 - Unfair competition defined

    Cal. Bus. & Prof. Code § 17200   Cited 18,243 times   315 Legal Analyses
    Prohibiting unlawful business practices

  13. Section 213 - Actions to be commenced within six years: where not otherwise provided for; on contract; on sealed instrument; on bond or note, and mortgage upon real property; by state based on misappropriation of public property; based on mistake; by corporation against director, officer or stockholder; based on fraud

    N.Y. C.P.L.R. § 213   Cited 5,572 times   8 Legal Analyses
    Applying six-year statute of limitations to actions "for which no limitation is specifically prescribed by law"

  14. Section 349 - Deceptive acts and practices unlawful

    N.Y. Gen. Bus. Law § 349   Cited 4,948 times   109 Legal Analyses
    Granting "any person who has been injured by reason of any violation of this section" the right to "bring an action in his own name"

  15. Section 337 - Contract, obligation or liability founded upon written instrument; book account; rescission of contract

    Cal. Code Civ. Proc. § 337   Cited 1,702 times   5 Legal Analyses
    Governing rescissions of written contracts

  16. Section 1761 - Definitions

    Cal. Civ. Code § 1761   Cited 266 times   3 Legal Analyses
    Defining “consumer” under the California Consumer Legal Remedies Act as “an individual who seeks or acquires, by purchase or lease, any goods or services for personal, family, or household purposes”