Alvarez v. Chevron Corp.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that plaintiffs’ claim for breach of the duties of good faith and fair dealing fails was duplicative of their breach of contract claim
• sending notice letter to the defendant simultaneously with the complaint fails to satisfy California’s pre-suit notice requirement
• upholding dismissal of express and implied warranty claims with prejudice where the undisputed evidence established that the plaintiffs sent a notice letter simultaneously with the complaint
• when deciding a 12(b)(6) motion, courts “disregard threadbare recitals of the elements of a cause of action, supported by mere conclusory statements” (cleaned up)
• “The district court properly dismissed these common law claims because Plaintiffs failed to provide Defendants with reasonable notice.” (applying Cal. Com. Code § 2607(3)(A)
• “To avoid dismissal of a breach of contract or breach of warranty claim in California, a buyer must plead that notice of the alleged breach was provided to the seller within a reasonable time after discovery of the breach.”

Source: CourtListener parenthetical corpus (CC0).