22 Cited authorities

Mycogen Corporation v. Monsanto Company
28 Cal.4th 888 (Cal. 2002) Cited 831 times
Holding that a judgment granting declaratory relief and decreeing specific performance barred, under claim preclusion, a subsequent suit for damages
Boeken v. Philip Morris USA, Inc.
48 Cal.4th 788 (Cal. 2010) Cited 562 times 1 Legal Analyses
Holding that for res judicata purposes, "a dismissal with prejudice is the equivalent of a final judgment on the merits, barring the entire cause of action"
Durell v. Sharp Healthcare
183 Cal.App.4th 1350 (Cal. Ct. App. 2010) Cited 547 times 3 Legal Analyses
Holding that actual reliance is an element of CUCL claims under the unlawful prong
Small v. Fritz Cos., Inc.
30 Cal.4th 167 (Cal. 2003) Cited 636 times 5 Legal Analyses
Holding that complaint for negligent misrepresentation in a holder action must be "pled with the same specificity required in a holder's action for fraud."
Cantu v. Resolution Trust Corp.
4 Cal.App.4th 857 (Cal. Ct. App. 1992) Cited 518 times
Holding that "intentional infliction of emotional distress is an injury to the person"
Cadlo v. Owens-Illinois, Inc.
125 Cal.App.4th 513 (Cal. Ct. App. 2004) Cited 232 times
Finding that for fraud, a plaintiff "must allege the specifics of his or her reliance on the misrepresentation to show a bona fide claim of actual reliance."
Ladas v. California State Auto. Assn.
19 Cal.App.4th 761 (Cal. Ct. App. 1993) Cited 117 times 1 Legal Analyses
Holding "fees are not authorized for exhibits not used at trial" under section 1033.5, subdivision
Levy v. State Farm Mutual Automobile Ins. Co.
150 Cal.App.4th 1 (Cal. Ct. App. 2007) Cited 62 times
Sustaining demurrer to breach of contract claim based on insurer's failure to cover repairs under "industry standards" not required by policy
Henn v. Henn
26 Cal.3d 323 (Cal. 1980) Cited 128 times
Declining to apply res judicata to bar plaintiff's claim to a community property interest in her ex-spouse's military pension despite failing to adjudicate the matter in the prior dissolution proceedings
Washington Mut. Bank v. Blechman
157 Cal.App.4th 662 (Cal. Ct. App. 2007) Cited 46 times
Concluding that the lender and foreclosure trustee were indispensable parties to the borrower's prior lawsuit against the purchaser to set aside the foreclosure sale
Section 430.10 - Grounds for objection by party against whom complaint or cross-complaint filed
Cal. Code Civ. Proc. § 430.10 Cited 1,050 times
Explaining "[t]he party against whom a complaint ... has been filed may object, by demurrer ..., to the pleading" on the basis that "[t]he pleading does not state facts sufficient to constitute a cause of action"

Demurrer To Complaint Atty Ramos 4232019 9am D19

22 Cited authorities

Holding that a judgment granting declaratory relief and decreeing specific performance barred, under claim preclusion, a subsequent suit for damages

Holding that for res judicata purposes, "a dismissal with prejudice is the equivalent of a final judgment on the merits, barring the entire cause of action"

Holding that actual reliance is an element of CUCL claims under the unlawful prong

Holding that complaint for negligent misrepresentation in a holder action must be "pled with the same specificity required in a holder's action for fraud."

Holding that "intentional infliction of emotional distress is an injury to the person"

Finding that for fraud, a plaintiff "must allege the specifics of his or her reliance on the misrepresentation to show a bona fide claim of actual reliance."

Holding "fees are not authorized for exhibits not used at trial" under section 1033.5, subdivision

Sustaining demurrer to breach of contract claim based on insurer's failure to cover repairs under "industry standards" not required by policy

Declining to apply res judicata to bar plaintiff's claim to a community property interest in her ex-spouse's military pension despite failing to adjudicate the matter in the prior dissolution proceedings

Concluding that the lender and foreclosure trustee were indispensable parties to the borrower's prior lawsuit against the purchaser to set aside the foreclosure sale

Explaining "[t]he party against whom a complaint ... has been filed may object, by demurrer ..., to the pleading" on the basis that "[t]he pleading does not state facts sufficient to constitute a cause of action"