§Why CasetextPricing

Hearing Demurrer

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16 Cited authorities

  1. Tarmann v. State Farm Mut. Auto. Ins. Co.

    2 Cal.App.4th 153 (Cal. Ct. App. 1991)   Cited 498 times
    Holding that, when suing a corporate defendant for fraud, a plaintiff must include “the names of the persons who made the allegedly fraudulent representations, their authority to speak, to whom they spoke, what they said or wrote, and when it was said or written”

  2. Ferraro v. Camarlinghi

    161 Cal.App.4th 509 (Cal. Ct. App. 2008)   Cited 160 times
    Holding section 366.2 did not time-bar action alleging decedent violated agreement for the division of her estate properties and assets

  3. Harris v. Wachovia Mortgage, FSB

    185 Cal.App.4th 1018 (Cal. Ct. App. 2010)   Cited 116 times
    Following an order sustaining a demurrer a plaintiff may amend the complaint only as authorized by the court's order and may not add new causes of action or defendants without permission of the court

  4. Emery v. Visa Internat. Service Assn.

    95 Cal.App.4th 952 (Cal. Ct. App. 2002)   Cited 123 times   3 Legal Analyses
    Holding that VISA did not commit an "unfair practice" in failing to stop lottery merchants from improperly using its mark because VISA had "no duty to investigate the truth of statements made by others"

  5. J.L. v. Children's Institute

    177 Cal.App.4th 388 (Cal. Ct. App. 2009)   Cited 88 times   1 Legal Analyses
    Holding that ostensible agency can only be established based on "the statements or acts of the principal"

  6. Align Technology, Inc. v. Tran

    179 Cal.App.4th 949 (Cal. Ct. App. 2009)   Cited 80 times
    Holding "legislative purpose of former section 439, the predecessor of section 426.30 . . . was to provide for the settlement, in a single action, of all conflicting claims between the parties arising out of the same transaction" and to "avoid a multiplicity of actions"

  7. Kaplan v. Coldwell Banker Residential Affiliates, Inc.

    59 Cal.App.4th 741 (Cal. Ct. App. 1997)   Cited 76 times
    Holding that the belief in the agent's authority must be generated by some act or neglect of the principal sought to be charged"

  8. George v. Auto. Club of South. California

    201 Cal.App.4th 1112 (Cal. Ct. App. 2011)   Cited 47 times
    Applying rule, but finding no ambiguity

  9. PH II, Inc. v. Superior Court

    33 Cal.App.4th 1680 (Cal. Ct. App. 1995)   Cited 44 times
    Holding that a trial court may not sustain a demurrer to only part of a cause of action

  10. Trustees of Capital Wholesale v. Shearson Lehman

    221 Cal.App.3d 617 (Cal. Ct. App. 1990)   Cited 29 times
    Dismissing claim for breach of the implied covenant without leave to amend where plaintiff failed to allege facts to support such claim

  11. Rule 3.1113 - Memorandum

    Cal. R. 3.1113   Cited 102 times

    (a) Memorandum in support of motion A party filing a motion, except for a motion listed in rule 3.1114, must serve and file a supporting memorandum. The court may construe the absence of a memorandum as an admission that the motion or special demurrer is not meritorious and cause for its denial and, in the case of a demurrer, as a waiver of all grounds not supported. (b) Contents of memorandum The memorandum must contain a statement of facts, a concise statement of the law, evidence and arguments

  12. Rule 3.1300 - Time for filing and service of motion papers

    Cal. R. 3.1300   Cited 98 times

    (a) In general Unless otherwise ordered or specifically provided by law, all moving and supporting papers must be served and filed in accordance with Code of Civil Procedure section 1005 and, when applicable, the statutes and rules providing for electronic filing and service. (Subd (a) amended effective January 1, 2016; previously amended effective January 1, 2000, and January 1, 2007.) (b) Order shortening time The court, on its own motion or on application for an order shortening time supported

  13. Rule 2.108 - Spacing and numbering of lines

    Cal. R. 2.108   Cited 7 times

    The spacing and numbering of lines on a page must be as follows: (1) The lines on each page must be one and one-half spaced or double-spaced and numbered consecutively. (2) Descriptions of real property may be single-spaced. (3) Footnotes, quotations, and printed forms of corporate surety bonds and undertakings may be single-spaced and have unnumbered lines if they comply generally with the space requirements of rule 2.111. (4) Line numbers must be placed at the left margin and separated from the