Holding that a party's "course of delay" in performing the terms of the contract, when "unreasonable or undertaken in bad faith, may provide sufficient grounds" for a finding of waiver
209 Cal.App.4th 182 (Cal. Ct. App. 2012) Cited 289 times
Holding that bank had no duty of care to borrower even when it "told [her] not to make her [monthly] loan payment in order to be considered for a loan modification"
Concluding that allegation of intent to defraud element of fraud claim was adequately supported by allegations tending to show a "nefarious scheme to deceive consumers"
736 F. Supp. 2d 1257 (C.D. Cal. 2010) Cited 114 times
Holding that plaintiff's claim seeking to set aside foreclosure sale was barred due to plaintiff's failure to allege that he had tendered or could tender the amount of his indebtedness
44 Cal.App.4th 1807 (Cal. Ct. App. 1996) Cited 135 times
Cleaning company's purchase of materials in preparation for performing contractual promise "were essential to its subsequent performance of the service agreement and therefore could not have been considered detrimental"
Fed. R. Evid. 201 Cited 29,078 times 26 Legal Analyses
Holding "[n]ormally, in deciding a motion to dismiss for failure to state a claim, courts must limit their inquiry to the facts stated in the complaint and the documents either attached to or incorporated in the complaint. However, courts may also consider matters of which they may take judicial notice."