40 Cited authorities

  1. Aguilar v. Atlantic Richfield Co.

    25 Cal.4th 826 (Cal. 2001)   Cited 4,848 times   2 Legal Analyses
    Concluding that the gathering and dissemination of pricing information by the petroleum companies through an independent industry service did not imply collusive action where there was no evidence the information was misused as a basis for an unlawful conspiracy; rather, evidence suggested that individual companies used all available resources “to determine capacity, supply, and pricing decisions which would maximize their own individual profits”
  2. Merrill v. Navegar, Inc.

    26 Cal.4th 465 (Cal. 2001)   Cited 1,230 times   2 Legal Analyses
    Restating the same criteria for exceptions from the rule set forth in section 1714
  3. Teselle v. McLoughlin

    173 Cal.App.4th 156 (Cal. Ct. App. 2009)   Cited 339 times
    Stating that a right to an accounting can exist solely from possession by the defendant of money which, because of the parties' relationship, the defendant is obliged to surrender
  4. Rowland v. Christian

    69 Cal.2d 108 (Cal. 1968)   Cited 1,246 times   20 Legal Analyses
    Holding that Section 1714 superceded prior common-law negligence rules
  5. Cabral v. Ralphs Grocery Co.

    51 Cal.4th 764 (Cal. 2011)   Cited 244 times   4 Legal Analyses
    Rejecting claimed exception to duty of care for stopping alongside a freeway
  6. Viner v. Sweet

    30 Cal.4th 1232 (Cal. 2003)   Cited 303 times   1 Legal Analyses
    Finding that a plaintiff must show "but for the alleged malpractice, it is more likely than not that the plaintiff would have obtained a more favorable result"
  7. Metcalf v. County of San Joaquin

    42 Cal.4th 1121 (Cal. 2008)   Cited 141 times   1 Legal Analyses
    Reading §§ 830 & 835, subd. together as "reflect[ing] an ordinary-negligence standard"
  8. Carson v. Facilities Development Co.

    36 Cal.3d 830 (Cal. 1984)   Cited 262 times
    Granting of a nonsuit indicates plaintiff did not present evidence supporting a legally tenable claim
  9. Isaacs v. Huntington Memorial Hospital

    38 Cal.3d 112 (Cal. 1985)   Cited 247 times   1 Legal Analyses
    Reversing judgment of nonsuit in action alleging invitees of hospital shot in hospital parking lot as a result of lack of security and inoperable lighting there
  10. Baptist v. Robinson

    143 Cal.App.4th 151 (Cal. Ct. App. 2006)   Cited 119 times   1 Legal Analyses
    In Baptist v. Robinson, 143 Cal.App.4th 151, 49 Cal. Rptr.3d 153 (2006) the employee was in his vehicle for his own purposes when his employer's agricultural bin, which he was not authorized to have in his possession, fell from the vehicle and was stuck by a motorcyclist.
  11. Section 1714 - Responsibility injury occasioned by want of ordinary care or skill in management of property or person; firearms and ammunition not exempted

    Cal. Civ. Code § 1714   Cited 1,302 times   15 Legal Analyses
    Requiring all persons to use ordinary care to prevent injuries as the result of their conduct
  12. Section 830 - Definitions

    Cal. Gov. Code § 830   Cited 451 times
    Defining dangerous condition
  13. Rule 8.278 - Costs on appeal

    Cal. R. 8.278   Cited 4,798 times

    (a)Award of costs (1) Except as provided in this rule, the party prevailing in the Court of Appeal in a civil case other than a juvenile case is entitled to costs on appeal. (2) The prevailing party is the respondent if the Court of Appeal affirms the judgment without modification or dismisses the appeal. The prevailing party is the appellant if the court reverses the judgment in its entirety. (3) If the Court of Appeal reverses the judgment in part or modifies it, or if there is more than one notice

  14. Rule 8.500 - Petition for review

    Cal. R. 8.500   Cited 337 times

    (a)Right to file a petition, answer, or reply (1) A party may file a petition in the Supreme Court for review of any decision of the Court of Appeal, including any interlocutory order, except the denial of a transfer of a case within the appellate jurisdiction of the superior court. (2) A party may file an answer responding to the issues raised in the petition. In the answer, the party may ask the court to address additional issues if it grants review. (3) The petitioner may file a reply to the answer

  15. Rule 8.504 - Form and contents of petition, answer, and reply

    Cal. R. 8.504   Cited 21 times

    (a)In general Except as provided in this rule, a petition for review, answer, and reply must comply with the relevant provisions of rule 8.204. (Subd (a) amended effective January 1, 2007.) (b) Contents of a petition (1) The body of the petition must begin with a concise, nonargumentative statement of the issues presented for review, framing them in terms of the facts of the case but without unnecessary detail. (2) The petition must explain how the case presents a ground for review under rule 8.500(b)