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Hearing Demurrer

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29 Cited authorities

  1. Rusheen v. Cohen

    37 Cal.4th 1048 (Cal. 2006)   Cited 1,169 times   2 Legal Analyses
    Holding California's litigation privilege precludes liability arising from noncommunicative acts that are necessarily related to enforcing a judgment

  2. McKell v. Washington Mutual Inc.

    142 Cal.App.4th 1457 (Cal. Ct. App. 2006)   Cited 711 times   1 Legal Analyses
    Holding that a loan transaction is a business practice under the UCL

  3. Silberg v. Anderson

    50 Cal.3d 205 (Cal. 1990)   Cited 1,035 times   1 Legal Analyses
    Holding that the litigation privilege applied, even after the finality of a marriage dissolution decree, to an attorney who made statements during a marriage dissolution proceeding

  4. Quelimane Co. v. Stewart Title Guaranty Co.

    19 Cal.4th 26 (Cal. 1998)   Cited 766 times   1 Legal Analyses
    Holding that title insurer owed no duty of ordinary care to non-clients, commenting that "[i]n the business arena it would be unprecedented to impose a duty on one actor to operate its business in a manner that would ensure the financial success of transactions between third parties"

  5. Allen v. City of Sacramento

    234 Cal.App.4th 41 (Cal. Ct. App. 2015)   Cited 408 times
    Holding allegation of "a wrongful arrest or detention, without more, does not" state a claim for violation of the Bane Act

  6. Teselle v. McLoughlin

    173 Cal.App.4th 156 (Cal. Ct. App. 2009)   Cited 342 times
    Stating that a right to an accounting can exist solely from possession by the defendant of money which, because of the parties' relationship, the defendant is obliged to surrender

  7. Fremont Indemnity Co. v. Fremont General Corp.

    148 Cal.App.4th 97 (Cal. Ct. App. 2007)   Cited 362 times
    Holding a net operating loss as intangible property

  8. E-Fab, Inc. v. Accountants, Inc. Services

    153 Cal.App.4th 1308 (Cal. Ct. App. 2007)   Cited 293 times   3 Legal Analyses
    Finding that plaintiff's claims were not time-barred and reversing judgment of dismissal

  9. Union Bank v. Superior Court

    31 Cal.App.4th 573 (Cal. Ct. App. 1995)   Cited 355 times   1 Legal Analyses
    Finding no right to a cause of action because plaintiff admitted the defendant did not engage in misconduct

  10. Goodman v. Kennedy

    18 Cal.3d 335 (Cal. 1976)   Cited 613 times   1 Legal Analyses
    Holding that defendant attorney owed no duty to third parties who relied on faulty advice the attorney gave his clients "in the absence of any showing that the legal advice was foreseeably transmitted to or relied upon by plaintiffs or that plaintiffs were intended beneficiaries of a transaction to which the advice pertained"

  11. Section 12-6.001 - Application of Rules

    Fla. Admin. Code R. 12-6.001   Cited 18 times
    Stating a third cause of action for “violation of Plaintiffs' First Amendment Right because the policy is unconstitutionally vague and denies due process”

  12. 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

  13. Rule 3.1320 - Demurrers

    Cal. R. 3.1320   Cited 97 times

    (a) Grounds separately stated Each ground of demurrer must be in a separate paragraph and must state whether it applies to the entire complaint, cross-complaint, or answer, or to specified causes of action or defenses. (b) Demurrer not directed to all causes of action A demurrer to a cause of action may be filed without answering other causes of action. (c) Notice of hearing A party filing a demurrer must serve and file therewith a notice of hearing that must specify a hearing date in accordance

  14. Rule 3.1322 - Motions to strike

    Cal. R. 3.1322   Cited 10 times

    (a) Contents of notice A notice of motion to strike a portion of a pleading must quote in full the portions sought to be stricken except where the motion is to strike an entire paragraph, cause of action, count, or defense. Specifications in a notice must be numbered consecutively. (b) Timing A notice of motion to strike must be given within the time allowed to plead, and if a demurrer is interposed, concurrently therewith, and must be noticed for hearing and heard at the same time as the demurrer