The following excerpt is from Premier Wine & Spirits v. E. & J. GALLO WINERY, 644 F. Supp. 1431 (E.D. Cal. 1986):
9. In Wallis v. Superior Court, 160 Cal.App.3d 1109, 207 Cal.Rptr. 123 (1984), the court listed a number of elements necessary to a "special relationship", including, among other things, requirements that the motivation for entering the contract must be a non-profit motivation. (i.e., to secure peace of mind, security or future protection) and that one party is especially vulnerable because of the type of harm it may suffer, so that it must place trust in the other party to perform. Wallis, supra, at page 1118, 207 Cal.Rptr. 123.
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