§Why CasetextPricing

Jaime Caballero vs. Furst Enterprises Group

Motion to Strike

9 Cited authorities

  1. Bacon v. Southern Cal. Edison Co.

    53 Cal.App.4th 854 (Cal. Ct. App. 1997)   Cited 62 times
    Holding negligence in maintaining barrier was not enough to abrogate section 846 immunity

  2. C H. Foods Co. v. Hartford Ins. Co.

    163 Cal.App.3d 1055 (Cal. Ct. App. 1984)   Cited 62 times
    Holding that two 50 percent owners of corporation could not state a cause of action against corporation's insurers

  3. Gombos v. Ashe

    158 Cal.App.2d 517 (Cal. Ct. App. 1958)   Cited 106 times
    Holding "negligence, even gross negligence, is not sufficient to justify" punitive damages

  4. Richmond Redevelopment Agcy. v. W. Title Guaranty

    48 Cal.App.3d 343 (Cal. Ct. App. 1975)   Cited 20 times
    In Richmond Redevelopment, the court expressly held that when an eminent domain action has been commenced by a public entity, the proper method for the condemnee to seek damages for the entity's unreasonable precondemnation actions is by way of answer to the condemnation complaint and not by way of cross-complaint; the rationale is that in such circumstances the precondemnation damages constitute part of the eminent domain award.

  5. Section 436 - Authority of court upon motion

    Cal. Code Civ. Proc. § 436   Cited 313 times
    Authorizing the court to strike irrelevant, false, or improper matter from a pleading

  6. Section 437 - Grounds for motion to appear on face of challenged pleading; motion based on matter subject to judicial notice

    Cal. Code Civ. Proc. § 437   Cited 293 times   4 Legal Analyses

    (a) The grounds for a motion to strike shall appear on the face of the challenged pleading or from any matter of which the court is required to take judicial notice. (b) Where the motion to strike is based on matter of which the court may take judicial notice pursuant to Section 452 or 453 of the Evidence Code, such matter shall be specified in the notice of motion, or in the supporting points and authorities, except as the court may otherwise permit. Ca. Civ. Proc. Code § 437 Added by Stats. 1982

  7. Section 435 - Service and filing of notice of motion to strike

    Cal. Code Civ. Proc. § 435   Cited 168 times
    Defining the term pleading to include "demurrer"

  8. Section 846 - Duty of care to keep premises safe for entry or use for recreational purpose

    Cal. Civ. Code § 846   Cited 165 times   4 Legal Analyses
    In Civil Code section 846's first paragraph, the statutory description of the hazard-warning immunity expressly refers to hazardous "uses of and "activities on" as well as "conditions" of the owner's land.

  9. Rule 2.250 - Construction and definitions

    Cal. R. 2.250   Cited 7 times

    (a)Construction of rules The rules in this chapter must be construed to authorize and permit filing and service by 14 electronic means to the extent feasible. (Subd (a) adopted effective January 1, 2011.) (b)Definitions As used in this chapter, unless the context otherwise requires: (1) A "document" is a pleading, a declaration, an exhibit, or another writing submitted by a party or other person, or by an agent of a party or other person on the party's or other person's behalf. A document is also