24 Cited authorities

Blank v. Kirwan
39 Cal.3d 311 (Cal. 1985) Cited 3,090 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"
Robinson Helicopter Co. v. Dana Corp.
34 Cal.4th 979 (Cal. 2004) Cited 772 times 4 Legal Analyses
Holding the "narrow" exception to the economic loss rule is "limited to a defendant's affirmative misrepresentations on which a plaintiff relies and which expose a plaintiff to liability for personal damages."
City of Stockton v. Superior Court
42 Cal.4th 730 (Cal. 2007) Cited 675 times
Holding that contract claims are subject to the CTCA's presentment requirement; adding that the CTCA is better referred to as the Government Claims Act "to reduce confusion"
Allen v. City of Sacramento
234 Cal.App.4th 41 (Cal. Ct. App. 2015) Cited 426 times
Holding allegation of "a wrongful arrest or detention, without more, does not" state a claim for violation of the Bane Act
West v. JPMorgan Chase Bank, N.A.
214 Cal.App.4th 780 (Cal. Ct. App. 2013) Cited 312 times
Holding plaintiff could not satisfy adverse claim element of quiet title where defendant no longer had interest in the property
Committee on Children's Television, Inc. v. General Foods Corp.
35 Cal.3d 197 (Cal. 1983) Cited 717 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"
Khoury v. Maly's of California, Inc.
14 Cal.App.4th 612 (Cal. Ct. App. 1993) Cited 386 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."
Barton v. New United Motor Manufacturing, Inc.
43 Cal.App.4th 1200 (Cal. Ct. App. 1996) Cited 254 times
Holding that a one-year statute of limitations governs claims for wrongful termination in violation of public policy
Gregory v. Albertson's, Inc.
104 Cal.App.4th 845 (Cal. Ct. App. 2002) Cited 159 times 2 Legal Analyses
Holding that an unfairness claim must be “tethered to specific constitutional, statutory or regulatory provisions.”
Fasuyi v. Permatex, Inc.
167 Cal.App.4th 681 (Cal. Ct. App. 2008) Cited 117 times
In Fasuyi, supra, 167 Cal.App.4th at page 701, we addressed a similar situation involving a represented defendant, in which the plaintiff's "counsel took the default without so much as a reminder, let alone a warning, about any responsive pleading.
Rule 3.1113 - Memorandum
Cal. R. 3.1113 Cited 106 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
Rule 3.1300 - Time for filing and service of motion papers
Cal. R. 3.1300 Cited 99 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

Hearing Demurrer

24 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"

Holding the "narrow" exception to the economic loss rule is "limited to a defendant's affirmative misrepresentations on which a plaintiff relies and which expose a plaintiff to liability for personal damages."

Holding that contract claims are subject to the CTCA's presentment requirement; adding that the CTCA is better referred to as the Government Claims Act "to reduce confusion"

Holding allegation of "a wrongful arrest or detention, without more, does not" state a claim for violation of the Bane Act

Holding plaintiff could not satisfy adverse claim element of quiet title where defendant no longer had interest in the property

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"

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."

Holding that a one-year statute of limitations governs claims for wrongful termination in violation of public policy

Holding that an unfairness claim must be “tethered to specific constitutional, statutory or regulatory provisions.”

In Fasuyi, supra, 167 Cal.App.4th at page 701, we addressed a similar situation involving a represented defendant, in which the plaintiff's "counsel took the default without so much as a reminder, let alone a warning, about any responsive pleading.