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DELLA PENNA v. TOYOTA MOTOR SALES, U.S.A., INC.

Docket No. S044053.

11 Cal.4th 376 (1995)

902 P.2d 740

45 Cal. Rptr.2d 436

JOHN DELLA PENNA, Plaintiff and Appellant, v. TOYOTA MOTOR SALES, U.S.A., INC., Defendant and Respondent.

Supreme Court of California.

October 12, 1995.

Attorney(s) appearing for the Case

COUNSEL

Korda, Johnson & Wall, Michael J. Korda and J. Joseph Wall, Jr., for Plaintiff and Appellant.

William A. Plourde, Jr., David D. Laufer, Gibson, Dunn & Crutcher, Paul G. Bower, Daniel G. Swanson, J. Andrew Chang and John A. Arguelles for Defendant and Respondent.

Horvitz & Levy, David M. Axelrad, Lisa Perrochet, Downey, Brand, Seymour & Rohwer and J. Keith McKeag as Amici Curiae on behalf of Defendant and Respondent.

OPINION

ARABIAN, J.

We granted review to reexamine, in light of divergent rulings from the Court of Appeal and a doctrinal evolution among other state high courts, the elements of the tort variously known as interference with "prospective economic advantage," "prospective contractual relations," or "prospective economic relations," and the allocation of the burdens of proof between the parties to such an action. We conclude that those...

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