by Joseph Ray Powers | Apr 22, 2025 | Cause Of Action Elements
Legal Elements of Promissory Estoppel To succeed in a claim for promissory estoppel, the following elements must generally be proven: A Clear and Definite PromiseThe promisor must have made a specific promise—not just vague or aspirational statements. Reasonable and...
by Joseph Ray Powers | Apr 22, 2025 | Cause Of Action Elements
Quantum meruit is an equitable remedy allowing recovery of the reasonable value of services rendered, even in the absence of an express contract. To establish a claim for quantum meruit in California, the plaintiff must demonstrate: Performance of Services: The...
by Joseph Ray Powers | Apr 22, 2025 | Cause Of Action Elements
Although California does not recognize unjust enrichment as a standalone cause of action, it is often pleaded as a remedy or theory in restitution. Courts analyze unjust enrichment claims under the principles of quasi-contract or restitution. To establish a claim for...
by Joseph Ray Powers | Dec 24, 2023 | Cause Of Action Elements
The four essential elements to decide if issue preclusion applies are: 1) the former judgment must be valid and final; 2) the same issue is being brought; 3) the issue is essential to the judgement; 4) the issue was actually litigated. Source:...
by Joseph Ray Powers | Dec 19, 2023 | Cause Of Action Elements
Disparagement in law, often referred to as “commercial disparagement” or “trade libel,” is a legal concept that involves making false statements or spreading false information about a business, product, or service with the intent to harm its...
