21 Cited authorities

Blank v. Kirwan
39 Cal.3d 311 (Cal. 1985) Cited 3,112 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"
Jolly v. Eli Lilly & Co.
44 Cal.3d 1103 (Cal. 1988) Cited 1,033 times 3 Legal Analyses
Holding that a plaintiff who suspects wrongdoing but is unaware of any specific facts establishing wrongful conduct on the part of the defendant, may not delay bringing an action until she discovers such facts or their legal significance
Committee for Green Foothills v. Santa Clara County Bd. of Supervisors
48 Cal.4th 32 (Cal. 2010) Cited 336 times 15 Legal Analyses
Finding trails agreement not separate agreement but subsequent activity encompassed in original project
Mirkin v. Wasserman
5 Cal.4th 1082 (Cal. 1993) Cited 420 times 5 Legal Analyses
Holding that in a class action, plaintiffs need only plead and prove actual reliance for the named plaintiffs and, if done, actual reliance will be presumed for the rest of the class
Goodman v. Kennedy
18 Cal.3d 335 (Cal. 1976) Cited 620 times 1 Legal Analyses
Holding that defendant attorney owed no duty to third parties who relied on faulty advice the attorney gave his clients "in the absence of any showing that the legal advice was foreseeably transmitted to or relied upon by plaintiffs or that plaintiffs were intended beneficiaries of a transaction to which the advice pertained"
Caliber Bodyworks, Inc. v. Superior Court
134 Cal.App.4th 365 (Cal. Ct. App. 2005) Cited 205 times 6 Legal Analyses
Holding that plaintiffs could not pursue civil penalties for a Section 558 violation without complying with the pre-filing notice and exhaustion requirements of PAGA
Serrano v. Priest
5 Cal.3d 584 (Cal. 1971) Cited 540 times
Holding that the structure of the education funding system in California denied students equal protection
Stella v. Asset Mgmt. Consultants, Inc.
8 Cal.App.5th 181 (Cal. Ct. App. 2017) Cited 77 times
Finding all claims were time-barred based on de novo review
Pugliese v. Superior Court
146 Cal.App.4th 1444 (Cal. Ct. App. 2007) Cited 96 times
Recognizing that notwithstanding "the difficulty a spouse or exspouse may have in defending against domestic violence cases, the continuing tort doctrine seems especially applicable in such cases"
Vaillette v. Fireman's Fund Ins. Co.
18 Cal.App.4th 680 (Cal. Ct. App. 1993) Cited 113 times
Holding that leave to amend should not be granted where in all probability, amendment would be futile
Section 430.10 - Grounds for objection by party against whom complaint or cross-complaint filed
Cal. Code Civ. Proc. § 430.10 Cited 1,065 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"

Demurrer_to_complaint

21 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 that a plaintiff who suspects wrongdoing but is unaware of any specific facts establishing wrongful conduct on the part of the defendant, may not delay bringing an action until she discovers such facts or their legal significance

Finding trails agreement not separate agreement but subsequent activity encompassed in original project

Holding that in a class action, plaintiffs need only plead and prove actual reliance for the named plaintiffs and, if done, actual reliance will be presumed for the rest of the class

Holding that plaintiffs could not pursue civil penalties for a Section 558 violation without complying with the pre-filing notice and exhaustion requirements of PAGA

Holding that the structure of the education funding system in California denied students equal protection

Finding all claims were time-barred based on de novo review

Recognizing that notwithstanding "the difficulty a spouse or exspouse may have in defending against domestic violence cases, the continuing tort doctrine seems especially applicable in such cases"

Holding that leave to amend should not be granted where in all probability, amendment would be futile

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"