Holding that no fiduciary relationship existed between advertisers of cereal and consumers because "it is unnecessary to call upon the law of fiduciary relationships to perform a function for which it was not designed and is largely unsuited"
Holding that a suit to enjoin the "Old Joe Camel" cigarette advertising campaign targeting minors pursuant to California state law is not preempted by the Federal Act
192 Cal.App.4th 218 (Cal. Ct. App. 2011) Cited 197 times
Holding that a bank's promise—to work with the plaintiff on a mortgage reinstatement and loan modification if the plaintiff no longer pursued relief in bankruptcy court—was a clear and unambiguous promise to negotiate, even though it left open the terms of any loan modification agreement that might be discussed
148 Cal.App.4th 556 (Cal. Ct. App. 2007) Cited 68 times
Concluding that, "[o]n balance, the judicial notice taken of the [contract] does not adequately show that Aquila or its predecessor purposefully availed itself of the benefits of forum contacts through this particular relationship with SMUD, so as to create the kind of relationship with California . . . consumers to justify specific jurisdiction on these claims"