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GAINES v. FIDELITY NATIONAL TITLE INSURANCE COMPANY

Respondents, Aurora Loan Services LLC and Lehman Brothers Holdings, Inc., Answer Brief on the Merits

42 Cited authorities

  1. Denham v. Superior Court

    2 Cal.3d 557 (Cal. 1970)   Cited 4,202 times   1 Legal Analyses
    Affirming the well settled principle that on appeal, "[a]ll intendments and presumptions are indulged to support [the judgment] on matters as to which the record is silent, and error must be affirmatively shown"

  2. Haraguchi v. Superior Court

    43 Cal.4th 706 (Cal. 2008)   Cited 441 times   1 Legal Analyses
    Reiterating it is "an actual likelihood of unfair treatment, not a subjective perception of impropriety" that can warrant the significant step of recusal

  3. Shamblin v. Brattain

    44 Cal.3d 474 (Cal. 1988)   Cited 745 times
    Determining credibility of declaration supporting relief from default

  4. City of Sacramento v. Drew

    207 Cal.App.3d 1287 (Cal. Ct. App. 1989)   Cited 368 times
    Reversing denial of attorney fees to plaintiff who obtained judgment after his motion for summary judgment was granted on a basis not raised by original moving papers

  5. Bruns v. E-Commerce Exchange, Inc.

    51 Cal.4th 717 (Cal. 2011)   Cited 185 times   1 Legal Analyses
    In Bruns, the issue before the court was whether a partial stay, such as a stay on discovery, would trigger section 583.340(b) ’s tolling provision.

  6. In re Charlisse C

    45 Cal.4th 145 (Cal. 2008)   Cited 179 times
    Reversing and remanding for further proceedings where "the parties and the [trial] court focused on the wrong legal standards," the Supreme Court's decision was "new in some respects," and further information may have been available to the parties but not presented

  7. Nestle v. City of Santa Monica

    6 Cal.3d 920 (Cal. 1972)   Cited 466 times
    In Nestle we held, inter alia, that a nuisance action based on airport noise was improperly dismissed on the basis of government immunity, and suggested that the plaintiffs on remand might be able to demonstrate a continuing nuisance.

  8. Perez v. Grajales

    169 Cal.App.4th 580 (Cal. Ct. App. 2008)   Cited 157 times
    Holding arguments raised for first time on appeal are forfeited

  9. People v. Skiles

    51 Cal.4th 1178 (Cal. 2011)   Cited 104 times
    Writing can be authenticated by its contents

  10. In re Marriage of Connolly

    23 Cal.3d 590 (Cal. 1979)   Cited 258 times
    Rejecting party's contention that it was a mistake of law for trial court to award all of certain community stock to husband

  11. Rule 3.852 - Definitions

    Cal. R. 3.852   Cited 3 times

    As used in this article, unless the context or subject matter requires otherwise: (1) "Mediation" means a process in which a neutral person or persons facilitate communication between the disputants to assist them in reaching a mutually acceptable agreement. (2) "Mediator" means a neutral person who conducts a mediation. (3) "Participant" means any individual, entity, or group, other than the mediator taking part in a mediation, including but not limited to attorneys for the parties. (4) "Party"