§Why CasetextPricing

Bprep 8500 Sunset LLC Et Al vs City of West Hollywood

Demurrer - with Motion to Strike (CCP 430.10)

30 Cited authorities

  1. Blank v. Kirwan

    39 Cal.3d 311 (Cal. 1985)   Cited 3,111 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. Fox v. Ethicon Endo-Surgery, Inc.

    35 Cal.4th 797 (Cal. 2005)   Cited 1,297 times   2 Legal Analyses
    Holding that "[r]esolution of the statute of limitations issue is normally a question of fact."

  3. Aubry v. Tri-City Hospital Dist.

    2 Cal.4th 962 (Cal. 1992)   Cited 1,202 times   1 Legal Analyses
    In Aubry, supra, 42 Cal.App.4th 579 at pages 587 through 588, 49 Cal.Rptr.2d 703, the court, citing language from Labor Council, held the Regents were not required to pay private contractors the prevailing wage under section 1770 et seq., which applies to public works, for the construction of student and staff housing.

  4. Careau & Co. v. Security Pacific Business Credit, Inc.

    222 Cal.App.3d 1371 (Cal. Ct. App. 1990)   Cited 948 times
    Holding that a claim for breach of the implied covenant may be disregarded if it rests on the same set of facts as a claim for breach of contract

  5. Kavanaugh v. West Sonoma County Union High School Dist.

    29 Cal.4th 911 (Cal. 2003)   Cited 272 times
    In Kavanaugh v. West Sonoma County Union High School Dist. (2003) 29 Cal.4th 911, 919 [ 129 Cal.Rptr.2d 811, 62 P.3d 54], it held that a provision in that code must be interpreted "`"with reference to the whole system of law of which it is a part so that all may be harmonized and have effect.

  6. Racine Laramie v. Dept. of P. R

    11 Cal.App.4th 1026 (Cal. Ct. App. 1992)   Cited 321 times
    Holding that an implied covenant "cannot be extended to create obligations not contemplated in the contract"

  7. Townsel v. Superior Court

    20 Cal.4th 1084 (Cal. 1999)   Cited 213 times
    Recognizing the trial court has broad discretion to balance in a particular case the " 'strong public policies protect[ing] discharged jurors from improperly intrusive conduct in all cases' " and "the equally weighty public policy that criminal defendants are entitled to jury verdicts untainted by prejudicial juror misconduct"

  8. Richman v. Hartley

    224 Cal.App.4th 1182 (Cal. Ct. App. 2014)   Cited 105 times
    Stating the elements of such a claim under California law

  9. Catsouras v. Department of California Highway Patrol

    181 Cal.App.4th 856 (Cal. Ct. App. 2010)   Cited 92 times
    Holding that trial court erred in granting a demurrer that dismissed claims against individual patrol officers and a § 815.2 vicarious liability claim against the California Highway Patrol

  10. Holland v. Morse Diesel International Inc.

    86 Cal.App.4th 1443 (Cal. Ct. App. 2001)   Cited 112 times
    In Holland, the court made the following statement: "If the second amended complaint contradicts or omits facts pleaded in [the plaintiff]'s first two complaints, we will take judicial notice of the earlier complaints and disregard inconsistent allegations, absent an explanation for the inconsistency.