22 Cited authorities

Blank v. Kirwan
39 Cal.3d 311 (Cal. 1985) Cited 3,093 times
Holding that the standard for a failure to state a claim is whether "the complaint states facts sufficient to constitute a cause of action"
Rakestraw v. California Physicians' Service
81 Cal.App.4th 39 (Cal. Ct. App. 2000) Cited 492 times
Requiring party to "clearly and specifically set forth the ‘applicable substantive law’ and the legal basis for amendment, i.e., the elements of the cause of action and authority for it," and all specific factual allegations for the claim
Ochs v. PacifiCare of California
115 Cal.App.4th 782 (Cal. Ct. App. 2004) Cited 100 times 2 Legal Analyses
Finding such a cause of action exists
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
Saliter v. Pierce Brothers Mortuaries
81 Cal.App.3d 292 (Cal. Ct. App. 1978) Cited 90 times
Docket No. 51694. May 24, 1978. Appeal from Superior Court of Los Angeles County, No. C 157612, Vernon G. Foster, Judge. COUNSEL Wallerstein, Miller, Walker Bilford and David R. Bilford for Plaintiff and Appellant. Waters, McCluskey Corcoran and Fritz B. Hax for Defendant and Respondent. OPINION STEPHENS, J. This is an appeal from an order of dismissal entered after the trial court sustained defendant's demurrer to plaintiff's second amended complaint without granting leave to amend. The trial judge
Clements v. T.R. Bechtel Co.
43 Cal.2d 227 (Cal. 1954) Cited 123 times
Finding that a complaint to foreclose a mechanics' lien must show a substantial compliance with the statute.
Dalton v. East Bay Mun. Utility Dist
18 Cal.App.4th 1566 (Cal. Ct. App. 1993) Cited 23 times
In Dalton, the plaintiffs were former and retired employees of the defendant who brought a class action alleging claims for breach of fiduciary duty and denial of equal protection with regard to defendant's administration of retirement benefits.
Air Quality Products, Inc. v. State of California
96 Cal.App.3d 340 (Cal. Ct. App. 1979) Cited 41 times
Declining to find an implied grant of authority in the legislative scheme where "the express authorization in the statute for the Board to enter into certain types of contracts suggests that had the Legislature intended the Board to have the general contractual authority argued for, the statute would expressly so provide"
Milian v. De Leon
181 Cal.App.3d 1185 (Cal. Ct. App. 1986) Cited 27 times
In Milian, the trial court considered whether the unmarried parties in that action, who purchased a property in joint tenancy outside of marriage, intended to enter a true joint tenancy such that they intended an equal division of property.
Demetris v. Demetris
125 Cal.App.2d 440 (Cal. Ct. App. 1954) Cited 32 times
In Demetris a joint tenancy deed was involved, but the action was for reformation of the joint tenancy deed and partition, and the court "ordered the deed reformed so as to become a tenancy in common deed" (Demetris, supra, 125 Cal.App.2d at pp. 442-443) before it ordered various reimbursements.
Section 430.10 - Grounds for objection by party against whom complaint or cross-complaint filed
Cal. Code Civ. Proc. § 430.10 Cited 1,056 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"
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”
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

Demurrer With Motion To Strike Ccp 43010

22 Cited authorities

Holding that the standard for a failure to state a claim is whether "the complaint states facts sufficient to constitute a cause of action"

Requiring party to "clearly and specifically set forth the ‘applicable substantive law’ and the legal basis for amendment, i.e., the elements of the cause of action and authority for it," and all specific factual allegations for the claim

Finding such a cause of action exists

Applying rule, but finding no ambiguity

Finding that a complaint to foreclose a mechanics' lien must show a substantial compliance with the statute.

In Dalton, the plaintiffs were former and retired employees of the defendant who brought a class action alleging claims for breach of fiduciary duty and denial of equal protection with regard to defendant's administration of retirement benefits.

In Milian, the trial court considered whether the unmarried parties in that action, who purchased a property in joint tenancy outside of marriage, intended to enter a true joint tenancy such that they intended an equal division of property.

In Demetris a joint tenancy deed was involved, but the action was for reformation of the joint tenancy deed and partition, and the court "ordered the deed reformed so as to become a tenancy in common deed" (Demetris, supra, 125 Cal.App.2d at pp. 442-443) before it ordered various reimbursements.

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"

Stating a third cause of action for “violation of Plaintiffs' First Amendment Right because the policy is unconstitutionally vague and denies due process”