35 Cited authorities

Allen v. City of Sacramento
234 Cal.App.4th 41 (Cal. Ct. App. 2015) Cited 429 times
Holding allegation of "a wrongful arrest or detention, without more, does not" state a claim for violation of the Bane Act
Wall Street Network, Ltd. v. New York Times Co.
164 Cal.App.4th 1171 (Cal. Ct. App. 2008) Cited 404 times 2 Legal Analyses
Holding that the essential elements of a breach of contract claim include either "plaintiff's performance or excuse for nonperformance"
Tarmann v. State Farm Mut. Auto. Ins. Co.
2 Cal.App.4th 153 (Cal. Ct. App. 1991) Cited 499 times
Holding that, when suing a corporate defendant for fraud, a plaintiff must include “the names of the persons who made the allegedly fraudulent representations, their authority to speak, to whom they spoke, what they said or wrote, and when it was said or written”
Khoury v. Maly's of California, Inc.
14 Cal.App.4th 612 (Cal. Ct. App. 1993) Cited 386 times
Holding that " demurrer for uncertainty is strictly construed, even where a complaint is in some respects uncertain, because ambiguities can be clarified under modern discovery procedures."
Freeman Mills, Inc. v. Belcher Oil Co.
11 Cal.4th 85 (Cal. 1995) Cited 229 times
Concluding that, with the exception of insurance contracts, there can be no tort recovery for breach of the implied covenant of good faith and fair dealing, "at least in the absence of violation of `an independent duty arising from principles of tort law'"
Wolf v. Superior Court
106 Cal.App.4th 625 (Cal. Ct. App. 2003) Cited 164 times 1 Legal Analyses
Holding fact that "[e]very contract requires one party to repose an element of trust and confidence in the other to perform" insufficient to create fiduciary duty on part of contracting party
Levy v. Superior Court
10 Cal.4th 578 (Cal. 1995) Cited 197 times
Holding that the signature of a party's attorney is insufficient to create an enforceable settlement under California law
Batt v. City & County of San Francisco
155 Cal.App.4th 65 (Cal. Ct. App. 2007) Cited 124 times
Holding that accounting "is not an independent cause of action but merely a type of remedy, an equitable remedy at that"
Finney v. Gomez
111 Cal.App.4th 527 (Cal. Ct. App. 2003) Cited 111 times
Reversing and remanding where the record failed to support the trial court's decision to deviate from a proportional apportionment
Richelle L. v. Roman Catholic Archbishop
106 Cal.App.4th 257 (Cal. Ct. App. 2003) Cited 110 times
Noting weight of authority refusing to recognize confidential or fiduciary relationship based on mere pastor-parishioner relationship where claim is not grounded in marital, family or financial counseling
Section 430.10 - Grounds for objection by party against whom complaint or cross-complaint filed
Cal. Code Civ. Proc. § 430.10 Cited 1,056 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"
Section 389 - Generally
Cal. Code Civ. Proc. § 389 Cited 554 times
Defining "indispensable party" to include a person who "claims an interest relating to the subject of the action and is so situated that the disposition of the action in [its] absence may . . . as a practical matter impair or impede [its] ability to protect that interest"

Demurrer With Motion To Strike Ccp 43010

35 Cited authorities

Holding allegation of "a wrongful arrest or detention, without more, does not" state a claim for violation of the Bane Act

Holding that the essential elements of a breach of contract claim include either "plaintiff's performance or excuse for nonperformance"

Holding that, when suing a corporate defendant for fraud, a plaintiff must include “the names of the persons who made the allegedly fraudulent representations, their authority to speak, to whom they spoke, what they said or wrote, and when it was said or written”

Holding that " demurrer for uncertainty is strictly construed, even where a complaint is in some respects uncertain, because ambiguities can be clarified under modern discovery procedures."

Concluding that, with the exception of insurance contracts, there can be no tort recovery for breach of the implied covenant of good faith and fair dealing, "at least in the absence of violation of `an independent duty arising from principles of tort law'"

Holding fact that "[e]very contract requires one party to repose an element of trust and confidence in the other to perform" insufficient to create fiduciary duty on part of contracting party

Holding that the signature of a party's attorney is insufficient to create an enforceable settlement under California law

Holding that accounting "is not an independent cause of action but merely a type of remedy, an equitable remedy at that"

Reversing and remanding where the record failed to support the trial court's decision to deviate from a proportional apportionment

Noting weight of authority refusing to recognize confidential or fiduciary relationship based on mere pastor-parishioner relationship where claim is not grounded in marital, family or financial counseling

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"

Defining "indispensable party" to include a person who "claims an interest relating to the subject of the action and is so situated that the disposition of the action in [its] absence may . . . as a practical matter impair or impede [its] ability to protect that interest"