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Order After Hearing POS

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16 Cited authorities

  1. Blank v. Kirwan

    39 Cal.3d 311 (Cal. 1985)   Cited 3,114 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"

  2. Quiroz v. Seventh Ave. Center

    140 Cal.App.4th 1256 (Cal. Ct. App. 2006)   Cited 363 times   1 Legal Analyses
    Holding it was "irrelevant" that "fact" in separate statement of undisputed facts was undisputed by opposing party because "fact" was a legal conclusion

  3. Committee on Children's Television, Inc. v. General Foods Corp.

    35 Cal.3d 197 (Cal. 1983)   Cited 719 times   1 Legal Analyses
    Holding that no fiduciary relationship existed between advertisers of cereal and consumers because "it is unnecessary to call upon the law of fiduciary relationships to perform a function for which it was not designed and is largely unsuited"

  4. C.A. v. William S. Hart Union High School District

    53 Cal.4th 861 (Cal. 2012)   Cited 232 times   3 Legal Analyses
    Finding that supervisory personnel could be vicariously liable and noting that "public school personnel may be individually liable for their negligent failure to protect students from harm at others' hands"

  5. Khoury v. Maly's of California, Inc.

    14 Cal.App.4th 612 (Cal. Ct. App. 1993)   Cited 387 times
    Holding that " demurrer for uncertainty is strictly construed, even where a complaint is in some respects uncertain, because ambiguities can be clarified under modern discovery procedures."

  6. Tribeca Companies, LLC v. First American Title Insurance Co.

    239 Cal.App.4th 1088 (Cal. Ct. App. 2015)   Cited 120 times   2 Legal Analyses
    Finding that escrow agent did not breach its duty to the single party to the escrow when it returned funds to the depositor

  7. Davaloo v. State Farm Ins. Co.

    135 Cal.App.4th 409 (Cal. Ct. App. 2005)   Cited 74 times
    Holding that the court's analysis requires a comparison of the factual allegations in the original and amended complaints

  8. Central Pathology Serv. Med. Clinic v. Superior Court

    3 Cal.4th 181 (Cal. 1992)   Cited 101 times
    Holding that plaintiffs' cause of action for fraud "aris[es] out of the professional negligence of a health care provider" for purposes of Code of Civil Procedure section 425.13

  9. Turman v. Turning Point of Central California, Inc.

    191 Cal.App.4th 53 (Cal. Ct. App. 2010)   Cited 43 times   1 Legal Analyses
    Requiring facts pled in the complaint to "rise to the level of malice, oppression or fraud necessary under Civil Code section 3294 to state a claim for punitive damages"

  10. 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

  11. 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