Wyler Summit v. Turner Broadcasting Sys

Denying motion to dismiss contract claim

Engalla v. Permanente Med. Grp., Inc.

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

Ragland v. U.S. Bank National Association

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"

United Computer Systems, Inc. v. AT&T Corp.

Holding "[u]nder California law, 'only a signatory to a contract may be liable for any breach'"

United States v. Southern California Edison Co.

Holding that a court "may take judicial notice of a judicial or administrative proceeding which has a 'direct relation to the matters at issue'"

Davis v. Metro Productions, Inc.

Holding that Calder and Keeton preclude any application of the fiduciary shield doctrine under due process

Boschma v. Home Loan Center, Inc.

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"

Cansino v. Bank of America

Holding that a representation that a home would appreciate in value was a prediction about the future and thus could not support a fraud claim

Grant v. Aurora Loan Services, Inc.

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

Service by Medallion, Inc. v. Clorox Co.

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"

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

Requiring that fraud be pleaded with particularity

Rule 201 - Judicial Notice of Adjudicative Facts

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."

Rule 2 - One Form of Action

Providing for "one form of action to be known as 'civil action,'" in lieu of discretely labeled actions at law and suits in equity

Section 2299 - Actual agency