§Why CasetextPricing

Santiago Ventura vs. Christopher Winkle

Demurrer to Amended Complaint

17 Cited authorities

  1. Loeffler v. Target Corp.

    58 Cal.4th 1081 (Cal. 2014)   Cited 250 times   2 Legal Analyses
    Holding that an alleged overcollection of tax could not serve as a predicate for a California consumer protection claim when a business acted in conformity with governing taxing statutes

  2. Harris v. Capital Growth Investors XIV

    52 Cal.3d 1142 (Cal. 1991)   Cited 458 times   3 Legal Analyses
    Holding that a plaintiff seeking to establish a case under the Unruh Act must plead and prove intentional discrimination in public accommodations in violation of the terms of the Act

  3. Burgess v. Superior Court

    2 Cal.4th 1064 (Cal. 1992)   Cited 430 times
    Holding "negligent causing of emotional distress is not an independent tort, but the tort of negligence"; requiring plaintiff alleging entitlement to damages based on "negligent causing of emotional distress" to establish all elements of negligence claim, including "duty"

  4. Brown v. Kelly Broadcasting Co.

    48 Cal.3d 711 (Cal. 1989)   Cited 351 times   1 Legal Analyses
    Adopting negligence standard

  5. Delaney v. Baker

    20 Cal.4th 23 (Cal. 1999)   Cited 216 times   4 Legal Analyses
    Holding recklessness "involves more than inadvertence, incompetence [or] unskillfulness"

  6. Piedra v. Dugan

    123 Cal.App.4th 1483 (Cal. Ct. App. 2004)   Cited 178 times
    Holding that order granting in limine motion was harmless error because the evidence was directed to an issue the jury never reached

  7. Cobbs v. Grant

    8 Cal.3d 229 (Cal. 1972)   Cited 386 times
    Holding that a battery cause of action is only proper where a surgeon performs a surgery to which the patient has not consented

  8. Covenant Care, Inc. v. Superior Court

    32 Cal.4th 771 (Cal. 2004)   Cited 135 times   2 Legal Analyses
    In Covenant Care, Inc. v. Superior Court, 86 P.3d 290 (Cal. 2004), the California Supreme Court confronted the sad story of Juan Inclan, an "elder," during his eight-week stay at a "skilled nursing facility."

  9. Rosen v. St. Josephs Hospital of Orange County

    193 Cal.App.4th 453 (Cal. Ct. App. 2011)   Cited 61 times
    Affirming judgments entered in favor of defendants after the sustaining of a demurrer without leave to amend, and concluding that plaintiff/appellant's variously named causes of action (id. at p. 457) actually "constituted spoliation of evidence claims" (id. at p. 455).

  10. Smith v. Ben Bennett, Inc.

    133 Cal.App.4th 1507 (Cal. Ct. App. 2005)   Cited 54 times
    Noting that whether professional negligence statutes are applicable to claims grounded on other legal theories must be examined on a case-by-case basis

  11. 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