Johnson v. Mammoth Recreations, Inc.
975 F.2d 604 (9th Cir. 1992) Cited 6,597 timesHolding the "good cause" standard of Rule 16 controls after a scheduling order establishes the pleading timetable
Cel-Tech Communications, Inc. v. Los Angeles Cellular Telephone Co.
20 Cal.4th 163 (Cal. 1999) Cited 2,489 times 22 Legal AnalysesHolding that for an act to be "unfair," it must "threaten" a violation of law or "violate the policy or spirit of one of those laws because its effects are comparable to or the same as a violation of the law"
Lozano v. Wireless Servs.
504 F.3d 718 (9th Cir. 2007) Cited 613 times 3 Legal AnalysesHolding that "the law on predominance requires the district court to consider variations in state law when a class action involves multiple jurisdictions"
Buss v. Superior Court
16 Cal.4th 35 (Cal. 1997) Cited 694 times 16 Legal AnalysesHolding that an insurer may seek reimbursement of defense costs that may be allocated to claims that are not even potentially covered because a party desiring relief carries the burden of proof
Navajo v. U.S.
535 F.3d 1058 (9th Cir. 2008) Cited 459 times 3 Legal AnalysesHolding that district court need not consider claim not included in the complaint and raised for the first time at summary judgment
Hodgers-Durgin v. De La Vina
199 F.3d 1037 (9th Cir. 1999) Cited 546 times 2 Legal AnalysesHolding that "federal law does not preclude local enforcement of the criminal provisions" of federal immigration law
Picken v. Pier 1 Imports (U.S.), Inc.
457 F.3d 963 (9th Cir. 2006) Cited 422 timesHolding that a plaintiff could not raise new allegations supporting her claim for the first time at summary judgment
Easter v. American West Financial
381 F.3d 948 (9th Cir. 2004) Cited 428 timesHolding that class action plaintiffs lacked standing to sue trust companies that "never held a named plaintiff's loan"
Bernhardt v. County of Los Angeles
279 F.3d 862 (9th Cir. 2002) Cited 427 timesHolding that a plaintiff's claim for damages was not moot although the plaintiffs claim for prospective relief was
Perfect 10 v. Visa Intern
494 F.3d 788 (9th Cir. 2007) Cited 259 times 7 Legal AnalysesHolding that the court may "affirm on any ground supported by the record"
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 337,863 times 161 Legal AnalysesHolding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Section 332 - Good faith communication required
Cal. Ins. Code § 332 Cited 105 timesRequiring full communication of relevant facts
Section 336 - Waiver of right to information of material facts
Cal. Ins. Code § 336 Cited 40 timesDefining "waiver" for purposes of § 331
Section 781 - Misrepresentation for purpose of inducing person to take action
Cal. Ins. Code § 781 Cited 11 times(a) A person shall not make any statement that is known, or should have been known, to be a misrepresentation (1) to any other person for the purpose of inducing, or tending to induce, such other person either to take out a policy of insurance, or to refuse to accept a policy issued upon an application therefor and instead take out any policy in another insurer, or (2) to a policyholder in any insurer for the purpose of inducing or tending to induce him or her to lapse, forfeit or surrender his or
Section 333 - Matters parties not bound to communicate except in answer to inquiries
Cal. Ins. Code § 333 Cited 11 timesDefining the required inquiry, which includes the "exercise of ordinary care," notwithstanding § 332's disclosure duty
Section 2955.5 - Hazard insurance coverage against risks to improvements on real property
Cal. Civ. Code § 2955.5 Cited 7 times(a) No lender shall require a borrower, as a condition of receiving or maintaining a loan secured by real property, to provide hazard insurance coverage against risks to the improvements on that real property in an amount exceeding the replacement value of the improvements on the property. (b) A lender shall disclose to a borrower, in writing, the contents of subdivision (a), as soon as practicable, but before execution of any note or security documents. (c) Any person harmed by a violation of this
Section 771 - Right of person to approve or disapprove insurance; lender recommending placing of insurance with specified insurer
Cal. Ins. Code § 771 Cited 1 timesSections 770 and 770.1 shall not prevent: (a) The exercise by any person engaged in that business of that person's right to approve or disapprove, for reasonable cause, as determined by appropriate regulatory authority, of the insurer selected to underwrite the insurance, nor of that person's right to furnish insurance or to renew any insurance required by the contract of sale or trust deed or other loan agreement if the borrower or purchaser shall have failed to furnish the insurance or renewal
Section 2181.1 - Reasonable Cause: Right to Disapprove of the Insurer Selected to Underwrite Insurance
Cal. Code Regs. tit. 10 § 2181.1(a) General Provisions: (1) Any lender engaged in the business of financing the purchase of real property or of lending money on the security of real property and any trustee, director, officer, agent or other employee, or affiliate, of any such lender shall have the right to disapprove, for reasonable cause, the insurer selected to underwrite the insurance required by the contract of sale or deed of trust or other loan agreement and shall have the right to furnish or renew such insurance if the
Section 107.601 - Reasonable Cause: Right to Approve or Disapprove of the Insurer Selected to Underwrite Insurance
Cal. Code Regs. tit. 10 § 107.601(a) General Provisions: (1) Any lender engaged in the business of financing the purchase of real property or of lending money on the security of real property and any trustee, director, officer, agent or other employee, or affiliate, of any such lender shall have the right to disapprove, for reasonable cause, the insurer selected to underwrite the insurance required by the contract of sale or deed of trust or other loan agreement and shall have the right to furnish or renew such insurance if the