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Yen Hoang Do vs. Ace Dental office of Dr. Richard Hoang Dds, Inc

Motion to Dismiss

20 Cited authorities

  1. Jolly v. Eli Lilly & Co.

    44 Cal.3d 1103 (Cal. 1988)   Cited 999 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

  2. Christensen v. Superior Court

    54 Cal.3d 868 (Cal. 1991)   Cited 684 times   1 Legal Analyses
    Holding that defendants owed duty to close family members for whose benefit funeral services were intended to avoid mishandling decedent's remains

  3. Alcorn v. Anbro Engineering, Inc.

    2 Cal.3d 493 (Cal. 1970)   Cited 507 times
    Holding that plaintiff's race-based employment discrimination claim was not covered by Unruh Act

  4. Fletcher v. Western National Life Ins. Co.

    10 Cal.App.3d 376 (Cal. Ct. App. 1970)   Cited 487 times
    Holding that accusing plaintiff of insurance fraud "may legally be the basis for an action for damages for intentional infliction of emotional distress"

  5. Harris v. Wachovia Mortgage, FSB

    185 Cal.App.4th 1018 (Cal. Ct. App. 2010)   Cited 113 times
    Following an order sustaining a demurrer a plaintiff may amend the complaint only as authorized by the court's order and may not add new causes of action or defendants without permission of the court

  6. Hailey v. California Physicians' Service

    158 Cal.App.4th 452 (Cal. Ct. App. 2007)   Cited 98 times
    Holding that "rescission . . . is an equitable remedy"

  7. Spates v. Dameron Hospital Assn.

    114 Cal.App.4th 208 (Cal. Ct. App. 2003)   Cited 99 times
    Holding next of kin have possessory rights in the remains of a deceased's body

  8. Trerice v. Blue Cross of California

    209 Cal.App.3d 878 (Cal. Ct. App. 1989)   Cited 147 times
    Holding that replacing plaintiff's termination package with one less favorable and requiring her to perform menial tasks did not support an IIED claim

  9. Cano v. Glover

    143 Cal.App.4th 326 (Cal. Ct. App. 2006)   Cited 82 times
    Interpreting Cal. Civ. Proc. Code § 581(f) and dismissing defendant with prejudice from fourth amended complaint where court sustained three demurrers with leave to amend and plaintiff "was unable to amend the allegations of his complaint to satisfy the court that a cause of action was stated," despite "several opportunities to do so"

  10. Arroyo v. Plosay

    225 Cal.App.4th 279 (Cal. Ct. App. 2014)   Cited 20 times
    In Arroyo, the decedent's relatives initially suspected her body was mishandled by the hospital after her death, resulting in disfigurement to her face and causing emotional distress to the family.

  11. Section 430.30 - Objection taken by demurrer; by answer

    Cal. Code Civ. Proc. § 430.30   Cited 373 times   1 Legal Analyses
    Authorizing demurrer to a complaint when the ground for objection appears on the face of the pleading or from any matter of which the court is required to or may take judicial notice

  12. Section 123100 - Legislative findings and declarations

    Cal. Health & Saf. Code § 123100   Cited 16 times
    Declaring the right to health information

  13. Rule 3.1320 - Demurrers

    Cal. R. 3.1320   Cited 93 times

    (a) Grounds separately stated Each ground of demurrer must be in a separate paragraph and must state whether it applies to the entire complaint, cross-complaint, or answer, or to specified causes of action or defenses. (b) Demurrer not directed to all causes of action A demurrer to a cause of action may be filed without answering other causes of action. (c) Notice of hearing A party filing a demurrer must serve and file therewith a notice of hearing that must specify a hearing date in accordance