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Demurrer To Amended Complaint

Demurrer

28 Cited authorities

  1. Blank v. Kirwan

    39 Cal.3d 311 (Cal. 1985)   Cited 3,067 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"

  2. McBride v. Boughton

    123 Cal.App.4th 379 (Cal. Ct. App. 2004)   Cited 486 times
    Holding that common count will "stand or fall" with cause of action seeking the same recovery

  3. Christensen v. Superior Court

    54 Cal.3d 868 (Cal. 1991)   Cited 700 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

  4. Paracor Finance, Inc. v. Gen. El. Cap. Corp.

    79 F.3d 878 (9th Cir. 1996)   Cited 568 times   2 Legal Analyses
    Holding a § 20 "controlling person liability" claim requires a showing that a primary violation was committed

  5. Goodman v. Kennedy

    18 Cal.3d 335 (Cal. 1976)   Cited 613 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"

  6. Wyatt v. Union Mortgage Co.

    24 Cal.3d 773 (Cal. 1979)   Cited 401 times
    Holding that where the "gravamen of respondents' cause of action is that the appellants committed actual and constructive fraud by conspiring to breach their fiduciary duties . . . Code of Civil Procedure section 338, subdivision 4 states the applicable statute of limitations"

  7. Huskinson & Brown, LLP v. Wolf

    32 Cal.4th 453 (Cal. 2004)   Cited 144 times
    Describing quantum meruit as "the reasonable value" of professional services

  8. Pinkerton's, Inc. v. Superior Court

    49 Cal.App.4th 1342 (Cal. Ct. App. 1996)   Cited 101 times
    Explaining that a fictitious business name does not give the business an identity separate and apart from its owner and that the use of a dba does not change liability assignments

  9. Fowler v. Howell

    42 Cal.App.4th 1746 (Cal. Ct. App. 1996)   Cited 87 times
    Holding that an employee acts within the scope of employment when the employee engages in work he or she was employed to perform

  10. George v. Auto. Club of South. California

    201 Cal.App.4th 1112 (Cal. Ct. App. 2011)   Cited 47 times
    Applying rule, but finding no ambiguity

  11. Section 22000 - Title of division

    Cal. Fin. Code § 22000   Cited 55 times   13 Legal Analyses

    This division is known and may be cited as the "California Financing Law." Ca. Fin. Code § 22000 Amended by Stats 2017 ch 475 (AB 1284),s 4, eff. 10/4/2017. Division heading amended by Stats 2017 ch 475 (AB 1284),s 3, eff. 10/4/2017.