§Why CasetextPricing

declaration of andrew westley in opposition to defendants demurrer to

undefined

9 Cited authorities

  1. Burgess v. Superior Court

    2 Cal.4th 1064 (Cal. 1992)   Cited 425 times
    Holding "negligent causing of emotional distress is not an independent tort, but the tort of negligence"; requiring plaintiff alleging entitlement to damages based on "negligent causing of emotional distress" to establish all elements of negligence claim, including "duty"

  2. Miles v. Deutsche Bank National Trust Co.

    236 Cal.App.4th 394 (Cal. Ct. App. 2015)   Cited 171 times   2 Legal Analyses
    Listing the elements of "a tort cause of action for wrongful foreclosure," including that the defendant "caused an illegal, fraudulent, or willfully oppressive sale"

  3. Berkley v. Dowds

    152 Cal.App.4th 518 (Cal. Ct. App. 2007)   Cited 207 times
    Holding that the statute "does not create a cause of action as such, but provides for attorney fees, costs and punitive damages under certain conditions"

  4. Construction Protective Services, Inc. v. Tig Specialty Insurance

    29 Cal.4th 189 (Cal. 2002)   Cited 115 times
    Upholding a reversal of demurrer where neither party in a breach of contract dispute submitted a copy of the contract but the plaintiff alleged the legal effect of that contract's terms and the defendant's breach thereunder

  5. Gu v. BMW of North America, LLC

    132 Cal.App.4th 195 (Cal. Ct. App. 2005)   Cited 92 times
    In Gu v. BMW of North America, LLC, 132 Cal.App.4th 195, 204, 33 Cal.Rptr.3d 617 (2005), the court recognized that, "[a] legal duty may be imposed by law, be assumed by the defendant, or exist by virtue of a special relationship" giving rise to a separate claim for negligent infliction of emotional distress based upon a direct victim theory of liability.

  6. Section 430.10 - Grounds for objection by party against whom complaint or cross-complaint filed

    Cal. Code Civ. Proc. § 430.10   Cited 1,050 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"

  7. Section 474 - Plaintiff ignorant of name of defendant

    Cal. Code Civ. Proc. § 474   Cited 493 times   2 Legal Analyses
    Deering Sup. 2004

  8. Section 436 - Authority of court upon motion

    Cal. Code Civ. Proc. § 436   Cited 312 times
    Authorizing the court to strike irrelevant, false, or improper matter from a pleading

  9. Section 431.10 - Material allegation defined; immaterial allegation defined

    Cal. Code Civ. Proc. § 431.10   Cited 12 times

    (a) A material allegation in a pleading is one essential to the claim or defense and which could not be stricken from the pleading without leaving it insufficient as to that claim or defense. (b) An immaterial allegation in a pleading is any of the following: (1) An allegation that is not essential to the statement of a claim or defense. (2) An allegation that is neither pertinent to nor supported by an otherwise sufficient claim or defense. (3) A demand for judgment requesting relief not supported