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We find it unnecessary to reach the question of standing to sue under 42 U.S.C. 1982 which is the basis of the third cause of action alleged in the petition but based on the same allegations as those made under the Civil Rights Act of 1968.
On May 20 , 2008 Schultz's attorney added alleged a breach of contract as a third cause of action against Bennett.
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The trial court then issued [225 Cal.Rptr. 596] its order dismissing the second and third causes of action.
Plaintiff Frances J. Hector appeals from an order dismissing her second and third causes of action against defendant following the granting of defendant's motion for partial summary judgment.
Next came the second and third causes of action, which dealt with what was owed to a landlord: unpaid rent, court fees, and other damages.
Cedars-Sinai moved for partial summary judgment on plaintiff's second and third causes of action, strict liability and breach [180 Cal.App.3d 499] of warranty, alleging as a matter of law there were no triable issues of fact.
Supreme Court, inter alia, denied defendants' motion to dismiss the first cause of action, finding that the allegedly defamatory statement was actionable as mixed opinion constituting slander per se.
The complaint alleged separate causes of action including violations of California's Unfair Business Practices Act (First Cause of Action) (Bus. & Prof.Code, §§ 17200 et seq.), violations of California's CLRA (Second Cause of Action) (Civ. Code, § 1770, subd. (a)(14)), common law conversion/trespass (Third Cause of Action), and common law fraud (Fourth Cause of Action).
In the second cause of action of its proposed cross-complaint, AMA seeks declaratory relief.
Plaintiff subsequently requested and received dismissal of the first cause of action, negligence, against Cedars-Sinai.
The second cause of action requested a declaration that the zoning ordinances were facially unconstitutional.
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