1. Abuse of Process

2. Account Stated

3. Accounting

4. Assault

5. Battery

6. Breach of Non-Compete Covenant

7. Breach: 01. Breach of Contract

8. Breach: 02. Breach of Third-Party Beneficiary Contract

9. Breach: 03. Breach of Contract, Implied

10. Breach: 04. Breach of Contract, Tortious

11. Breach: 05. Breach Implied Covenant of Good Faith & Fair Dealing

12. Breach: 06. Breach Implied Covenant of Good Faith & Fair Dealing, Tortious

13. Breach: 07. Breach of Express Warranty

14. Breach: 08. Breach of Implied Warranty of Merchantability

15. Breach: 09. Breach of Implied Warranty of Fitness for a Particular Purpose

16. Breach: 10. Breach of Fiduciary Duty

17. Breach: 11. Breach of Confidence - Novel Idea

18. Breach: 12. Breach of Fiduciary Duty Aiding And Abetting

19. Breach: 13. Breach of Implied Warranty of Habitability

20. Breach: 14. Breach of Insurance Contract

21. Breach: 15. Breach of Joint Venture Agreement

22. Breach: 16. Breach of Promissory Note

23. Cal. Civ. Proc. Code 431.30(b) and Other Standard Defense

24. Civil Conspiracy

25. Common Carrier Negligence

26. Common Law Unfair Competition

27. Constructive Discharge

28. Constructive Trust

29. Contribution - Uniform Contribution Among Tortfeasors Act

30. Conversion

31. Corporate Negligence

32. Deceit - Fraudulent Concealment

33. Declaratory Relief

34. Defamation Libel

35. Defamation Per Quod

36. Defamation Per Se

37. Defamation Slander

38. Defamation Trade Libel

39. Discrimination Under the Unruh Civil Rights Act

40. Dog Bites

41. Elder Abuse

42. Emotional Distress, Intentional Infliction

43. Emotional Distress, Negligent Infliction

44. Equitable Estoppel

45. Equitable Subrogation

46. False Advertising

47. False Imprisonment

48. Fraud

49. Fraud Constructive

50. Good Samaritan Liability - Negligent Undertaking

51. Indemnity

52. Intentional Interference Parent-Child

53. Intentional Interference with Economic Relations - Real Estate Brokerage

54. Intentional Interference with Testamentary Expectation

55. Interference with Economic Relations - Intentional

56. Interference with Economic Relations - Negligent

57. Interference with Existing Contract - Intentional

58. Interference with Existing Contract - Negligent

59. Invasion of Privacy - Appropriation of Likeness

60. Invasion of Privacy - False Light

61. Invasion of Privacy - Intrusion

62. Invasion of Privacy - Public Disclosue of Private Facts

63. Legal Malpractice

64. Livestock Trespass

65. Loss of Consortium

66. Malicious Prosecution

67. Medical Malpractice

68. Misrepresentation, Fraudulent - Promissory Fraud

69. Misrepresentation, Negligent

70. Money Had & Received

71. Negligence

72. Negligence, Gross

73. Negligence, Professional

74. Negligence, Willful Misconduct

75. Negligent Entrustment

76. Negligent Exercise of Retained Control (Independent Contractor)

77. Negligent Hiring, Supervision and Retention

78. Open Book Account

79. Power Press Exception - Employer Manufacturer

80. Preliminary Injunction

81. Promissory Estoppel

82. Quantum Meruit

83. Quiet Title

84. Rescission

85. Resulting Trust

86. Sale of Alcohol to Minors

87. Slander of Title

88. Stalking

89. Statutory Misappropriation of Likeness

90. Strict Liability - Manufacturing Defect

91. Strict Liability Design Defect

92. Strict Liability Failure to Warn

93. Trade Dress Infringement

94. Unfair Competition - Common Law Copyright

95. Unfair Competition - General

96. Unfair Competition - Trade Name, Service Mark, and Trademark Infringement and Dilution

97. Unjust Enrichment

98. Unlawful Detainer

99. Wrongful Conduct - Bane Act

100. Wrongful Life

101. Wrongful Termination in Violation of Public Policy

Misrepresentation, Negligent

1Elements and Case Citations

“The elements of a cause of action for negligent misrepresentation are:

‘1. The defendant must have made a representation as to a past or existing material fact.
2. The representation must have been untrue;
3. Regardless of his actual belief the defendant must have made the representation without any reasonable ground for believing it to be true;
4. The representation must have been made with the intent to induce plaintiff to rely upon it;
5. The plaintiff must have been unaware of the falsity of the representation; he must have acted in reliance upon the truth of the representation and he must have been justified in relying upon the representation;
6. And, finally, as a result of his reliance upon the truth of the representation, the plaintiff must have sustained damage.’”

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  • The rest of the elements for this cause of action;
  • The citations to the most recent state and federal court cases citing the cause of action;
  • The statute of limitations; and
  • The defenses to this cause of action.

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