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A “motion to dismiss for failure to state a claim upon which relief may be granted” is a procedural label used in federal court, not California court. The state-court equivalents are a demurrer, or a motion for judgment on the pleadings. Code of Civ. Proc., §§430.10, 438.
The function of a demurrer is to test the legal sufficiency of a pleading. Trs. Of Capital Wholesale Elec. Etc. Fund v. Shearson Lehman Bros. (1990) 221 Cal.App.3d 617, 621. Consequently, “[a] demurrer reaches only to the contents of the pleading and such matters as may be considered under the doctrine of judicial notice.” South Shore Land Co. v. Petersen (1964) 226 Cal.App.2d 725, 732. “It is not the ordinary function of a demurrer to test the truth of the plaintiff’s allegations or the accuracy with which he describes the defendant’s conduct.... [T]he facts alleged in the pleading are deemed to be true, however improbable they may be.” Align Technology, Inc. v. Tran (2009) 179 Cal.App.4th 949, 958.
“Judgment on the pleadings is akin to a demurrer and is properly granted only if the complaint does not state facts sufficient to state a cause of action against that defendant. The grounds for the motion must appear on the face of the complaint, and in any matters subject to judicial notice. The court accepts as true all material factual allegations, giving them a liberal construction, but it does not consider conclusions of fact or law, opinions, speculation, or allegations contrary to law or judicially noticed facts.” Shea Homes Limited Partnership v. County of Alameda (2003) 110 Cal.App.4th 1246, 1254.
It is an abuse of discretion for the court to deny leave to amend where there is any reasonable possibility that plaintiff can state a good cause of action. Goodman v. Kennedy (1976) 18 Cal.3d 335, 349. The burden is on the plaintiff to show in what manner he or she can amend the complaint, and how that amendment will change the legal effect of the pleading. Medina v. Safe-Guard Products (2008) 164 Cal.App.4th 105, 112.
For more see Demurrer and Motion for Judgment on the Pleadings.
The demurrer for failure to state a claim to the fifth cause of action (fraudulent concealment) is SUSTAINED, with leave to amend. Although Plaintiffs have sufficiently alleged a duty to disclose, they have failed to allege facts to support the elements of Demurring Defendant's intent and Plaintiffs' lack of knowledge. The demurrer for failure to state a claim to the sixth cause of action (negligence) is SUSTAINED, with leave to amend.
CONSTANTINE NICHOLAS PAPANICOLAOU VS. SHARON PALMER
56-2017-00499246-CU-OR-VTA
Oct 17, 2019
Ventura County, CA
Real Property
other
Demurrer on the Ground of Failure to State a Claim as to Claims Against Gregg's/GAH (the Business Entity Defendant): Plaintiff failed to allege any facts to show that Gregg's/GAH engaged in any actionable conduct. Demurring Defendants' demurrer on the ground of failure to state a claim to the FAC as a whole, as asserted against GAH, is SUSTAINED, with leave to amend.
2021-00561584
Jul 08, 2022
Ventura County, CA
Alonso's demurrer for failure to state a claim to the second cause of action for fraud – damages should is overruled. - Demurrer for Failure to State a Claim to the Third Cause of Action for Breach of Contract Plaintiff sufficiently alleges damages, and Alonso's arguments lack merit. Therefore, Alonso's demurrer for failure to state a claim to the third cause of action for breach of contract is overruled.
JUAN MANUEL CERVANTES VS. PILAR ALONSO
56-2020-00544483-CU-OR-VTA
Nov 05, 2020
Ventura County, CA
Real Property
other
Demurrer to First Amended Complaint The Demurrer by Defendants Samuel Alexander Escobar dba Lionsgate Construction and Argonaut Insurance Company to the Complaint’s First Cause of Action for failure to state a claim, for uncertainty, and for failure to allege whether contact is oral or written or implied by conduct; to the Complaint’s Second Cause of Action for failure to state a claim, for uncertainty, for failure to allege
WEST CREEK BUILDERS, LLC VS SAMUEL ESCOBAR ET AL.
20CV-03773
Aug 12, 2021
Merced County, CA
The Court intends to rule as follows: Defendant's demurrer for failure to state a claim and uncertainty is OVERRULED. Defendant's demurrer to the FAC on the grounds of failure to state a claim and uncertainty is OVERRULED."
JUANA DE JARA VS VENTURA COUNTY MEDICAL CENTER
56-2017-00503490-CU-MM-VTA
Jun 11, 2018
Ventura County, CA
Personal Injury/ Tort
Medical Malpractice
SPS's demurrer for failure to state a claim as to the first, third, and fourth causes of action is OVERRULED. SPS's demurrer for failure to state a claim to the second cause of action is SUSTAINED with leave to amend to allow Plaintiffs an opportunity to plead violations of Civil Code sections 2923.7 and/or 2924.11.
HEIDI CORDOVA VS. JPMORGAN CHASE BANK NA
56-2018-00516580-CU-OR-VTA
Oct 22, 2018
Ventura County, CA
Real Property
other
Defendant's demurrer for uncertainty to the first and second causes of action is MOOT due to the ruling on the demurrer for failure to state a claim.
JUANA DE JARA VS VENTURA COUNTY MEDICAL CENTER
56-2017-00503490-CU-MM-VTA
Mar 23, 2018
Ventura County, CA
Personal Injury/ Tort
Medical Malpractice
Demurrer To The First Amended Complaint For Failure To State A Claim Re: The Conversion Of An Idea [Redacted] Set for hearing on Thursday, November 12, 2009, line 6, DEFENDANTS BNY MELLON PERFORMANCE & RISK ANALYTICS, INC., THE BANK OF NEW YORK MELLON Demurrer to the First Amended Complaint for Failure to State a Claim Re: The Conversion Of An Idea. Demurrer sustained without leave to amend.
JOHN S. KARLS VS. THE BANK OF NEW YORK ET AL
CGC09489460
Nov 12, 2009
San Francisco County, CA
Respondents' demurrer for failure to state a claim to the third cause of action is SUSTAINED, without leave to amend. Involuntary dissolution under Corporations Code section 6510 of a religious corporation is expressly prohibited by Corporations Code section 9680. (See Corp. Code, § 9680(g) ["Chapter 15 (commencing with Section 6510) does not apply to religious corporations . . . ."].) Respondents' demurrer for failure to state a claim to the fourth cause of action is OVERRULED.
PETITION OF FIRST CHRISTIAN CHURCH OF VENTURA
56-2017-00502990-CU-PT-VTA
Nov 14, 2019
Ventura County, CA
Chen's demurrer for failure to state a claim to the third cause of action for breach of fiduciary duty is OVERRULED. Fourth Cause of Action for Promissory Estoppel: The Fourth Cause of action incorporates by reference all prior allegations of the complaint. (See SAXC, ¶ 79.) The prior allegations specifically allege facts that support this claim. Chen's demurrer for failure to state a claim to the fourth cause of action for promissory estoppel should be OVERRULED.
GCX INNOVATION INC VS. CEN XU
56-2019-00535041-CU-BC-VTA
Dec 14, 2020
Ventura County, CA
Motion And Notice Of Hearing: Motion And Motion To Dismiss For Failure To State A Claim Upon Which Relief Can Be Granted Rule 12(B)6 Set for hearing on Tuesday, August 16, 2016, Line 7, DEFENDANT KARLEEN GRIFFIN'S Motion To Dismiss For Failure To State A Claim Upon Which Relief Can Be Granted Rule 12(B)6. The motion is continued to be heard on August 30, 2016, by Judge Kahn with the companion motion for sanctions.
MARK HOOSHMAND VS. KARLEEN LATORYA GRIFFIN ET AL
CGC15549301
Aug 16, 2016
San Francisco County, CA
Twombly's demurrer for failure to state a claim to the sixth cause of action is SUSTAINED, with leave to amend. 7.
2021-00558481
Dec 14, 2021
Ventura County, CA
Twombly's demurrer for failure to state a claim to the seventh cause of action is SUSTAINED, with leave to amend. 8. Eighth Cause of Action for IIED As noted, the complaint does not include any allegation of extreme or outrageous conduct by Twombly. Twombly's demurrer on the ground of failure to state a claim to the eighth cause of action is SUSTAINED, with leave to amend. 9.
2021-00558481
Dec 14, 2021
Ventura County, CA
Demurrer to Third Amended Complaint and to the First, Second, Third, Fourth, and Fifth Causes of Action therein on grounds of uncertainty and failure to state a claim. The Demurrer to the First, Second and Third Causes of Action on the grounds of uncertainty and failure to state a claim are OVERRULED.
ROBIN RECLA, ET AL. VS SHAWN GEORGE
20CV-00684
Jul 28, 2021
Merced County, CA
Demurrer to Third Amended Complaint and to the First, Second, Third, Fourth, and Fifth Causes of Action therein on grounds of uncertainty and failure to state a claim. The Demurrer to the First, Second and Third Causes of Action on the grounds of uncertainty and failure to state a claim are OVERRULED.
ROBIN RECLA, ET AL. VS SHAWN GEORGE
20CV-00684
Aug 04, 2021
Merced County, CA
Defendant's demurrer for failure to state a claim to the second cause of action for battery is SUSTAINED with leave to amend. Plaintiff fails to allege sufficient facts to support the element of intent. Defendant's demurrer for failure to state a claim to the third cause of action for IIED is SUSTAINED with leave to amend. Plaintiff fails to allege sufficient facts to support the elements of extreme/outrageous conduct and intent/reckless disregard.
MICHELLE SOLTIES VS. DONALD R MULLIN
56-2018-00515585-CU-NP-VTA
Oct 17, 2018
Vincent O'Neill
Ventura County, CA
General Motors, LLC Demurrer to Plaintiff's Third Cause of Action for Fraudulent Concealment for Failure to State A Claim Defendant’s Demurrer to Plaintiff's Third Cause of Action for Fraudulent Concealment for Failure to State A Claim is SUSTAINED WITH 120 DAYS LEAVE TO AMEND. Plaintiff has failed to state a cause for fraud with the requisite specificity stating what was concealed, who at Defendant corporation was aware of the facts concealed and when.
VICTOR GARCIA VS GENERAL MOTORS, LLC
23CV-00938
Jul 18, 2023
Merced County, CA
Defendants' demurrer for failure to state a claim to the second cause of action is OVERRULED. The procedures in Ed. Code section 49070 do not apply. Otherwise, Defendants do not challenge the sufficiency of the alleged exhaustion of the Government Claim procedures in the SAC. (See SAC, ¶¶50-58.) It is apparent that Plaintiffs have sufficiently alleged exhaustion under the Government Claims Act. Defendants' demurrer for failure to state a claim to the third cause of action against May and Cox is OVERRULED.
AH VS. SIMI VALLEY SCHOOL DISTRICT
56-2018-00512587-CU-PO-VTA
Dec 21, 2018
Ventura County, CA
Defendant Mark Zavad's demurrer to the sixth cause of action for 'trespass' and 'interference with quiet enjoyment' is SUSTAINED for failure to state a claim and uncertainty. (Code Civ. Proc.., § 430.10, subds. (e) & (f).) Plaintiffs' accusation that Mark Zavad's alleged resetting of the water control system 'may' have harmed the leasehold by 'running up' their water bill is too uncertain to be actionable. (FAC, ¶¶ 51, 54.)
DOUG LASHER VS. JEROME SPRUIT
56-2011-00394696-CU-OR-SIM
Sep 23, 2011
Ventura County, CA
Real Property
other
Neuron's demurrer for the fourth and fifth c/a's in the 4AC on the ground of failure to state a claim is overruled. The court previously overruled Neuron's demurrer to the same causes of action as they appeared in the second amended complaint. Neuron's demurrer to the sixth cause of action in the 4AC on the ground of failure to state a claim is overruled. Plaintiff sufficiently alleges facts giving rise to a claim for breach of fiduciary duty pursuant to Moore v. Regents at 51 Cal.3d 120.
ROBERT ACQUARELLI MD PH D VS. LILIANA MEGLEI COHEN MD
56-2016-00490683-CU-MM-VTA
Feb 22, 2019
Ventura County, CA
Personal Injury/ Tort
Medical Malpractice
Thus, Defendants' demurrer for failure to state a claim to the fourth cause of action for fraud/false promise is SUSTAINED WITH LEAVE TO AMEND, to allow Plaintiffs an opportunity to plead who made the allegedly false statements, their authority to speak for Defendants, and when the statements were made.
TUMBLEWEED ADVERTISING VS. JONES
56-2018-00510184-CU-BT-VTA
Jul 24, 2018
Vincent O'Neill
Ventura County, CA
Moving defendant's demurrer for failure to state a claim to the FAC as a whole is Overruled. Although not addressed by the parties, a general demurrer for failure to state a claim directed to the complaint as a whole should be denied if some portion of the complaint states a cause of action. Jones v. Iverson, 131 Cal. 101 @104.
LOU KAWILE VS. ESTELLA BUNDALIAN
56-2018-00508786-CU-FR-VTA
Oct 31, 2018
Ventura County, CA
Personal Injury/ Tort
Fraud
The court intends to sustain with leave to amend Defendant Leslie Bittenson's demurrer for failure to state a claim to the fifth and eleventh causes of action. The demurrer by Defendant Leslie Bittenson ("L. Bittenson") for failure to state a claim to the fourth cause of action for fraud in the Third Amended Complaint ("TAC") is SUSTAINED WITHOUT LEAVE TO AMEND.
TERRI BITTENSON VS. MARK BITTENSON
56-2015-00475085-CU-PO-VTA
Mar 26, 2018
Ventura County, CA
The demurrer to each cause of action in the FAC on the ground of failure to state a claim by Ocwen and the demurrer to each cause of action in the FAC on the ground of failure to state a claim by Caliber and U.S. Bank as Trustee for the Master Trust is SUSTAINED WITHOUT LEAVE TO AMEND. Defendant Bank of America filed a "reply" brief. However, Bank of America did not file a demurrer to the First Amended Complaint, and this ruling is therefore not applicable to it or the other defendants.
ZIPSER VS. CALIBER HOME LOANS
56-2017-00499979-CU-OR-VTA
Dec 18, 2017
Ventura County, CA
Real Property
other
Defendant's demurrer for failure to state a claim is sustained with leave to amend as to the sixth cause of action, and without leave to amend as to the seventh and eighth causes of action. Defendant's demurrer for failure to state a claim is overruled as to the first, second, third, fourth, and fifth causes of action. Defendant's demurrer for uncertainty is overruled in its entirety.
OSCAR CASTRO VS. SWINERTON INCORPORATED, A CALIFORNIA CORPORATION ET AL
CGC19581023
May 18, 2021
San Francisco County, CA
Defendants' demurrer on the grounds of failure to state a claim and uncertainty is OVERRULED. Plaintiff correctly states that Texas law does not govern this tort claim for conversion. The contract only states that "[t]his Contract is governed by the law of Texas and applicable federal law and regulations[.]" (Compl., Ex. 1, p. 3.)
2021-00558081
Dec 20, 2021
Ventura County, CA
Notice Of Hearing On Notice Of Motion And Motion For Judgment On The Pleadings For Failure To State A Claim Upon Which Relief Can Be Granted NO OPPOSITION FILED/HEARING REQUIRED RE SUBSTITUTION OF ATTORNEY FOR DEFENDANT. (302/REQ/ju)
LOOKSMART,LTD. A CORPORATION VS. BABYAGE,INC. AKA BABYAGE.COM,INC.,A CORPORATION ET AL
CGC03417520
Oct 15, 2003
San Francisco County, CA
SVUSD's demurrer to the second cause of action in the FAC on the ground of failure to state a claim is SUSTAINED with leave to amend. SVUSD persuasively argues that Plaintiff fails to allege particular facts to support these causes of action as required; the allegations in the FAC are too conclusory. Notably, with respect to the mandatory duties in Ed.
JANE DOE VS SIMI VALLEY UNIFIED SCHOOL DIST
56-2018-00520090-CU-PO-VTA
Aug 02, 2019
Ventura County, CA
Armagan's demurrer for failure to state a claim to the second cause of action in the FAC is SUSTAINED, with leave to amend. Dr. Armagan's motion to strike portions of the FAC should be GRANTED IN PART, with leave to amend, and DENIED IN PART. The motion is GRANTED, with leave to amend, as to the prayer for punitive damages on the ground that Plaintiffs failed to allege sufficiently specific facts to show malice, oppression, or fraud.
CHRISTOPHER POLANCO VS. LOS ROBLES REGIONAL MEDICAL CENTER
56-2019-00527690-CU-MM-VTA
Nov 25, 2019
Vincent O'Neill
Ventura County, CA
Personal Injury/ Tort
Medical Malpractice
TENTATIVE RULING Defendant San Diego Unified School District's unopposed demurrer to the complaint and each cause of action in plaintiff Jane Doe I's complaint is sustained based upon uncertainty and failure to state a claim, with leave to amend. Any amended complaint must be filed and served within 10 days of service of the final ruling.
DOE VS SAN DIEGO UNIFIED SCHOOL DISTRICT
37-2019-00045907-CU-PO-CTL
Jul 09, 2020
San Diego County, CA
Personal Injury/ Tort
other
Defendant's demurrer to the fourth cause of action in the SAC on the ground of failure to state a claim is SUSTAINED without leave to amend. Defendant's motion to strike the punitive damages claim from the SAC is GRANTED without leave to amend.
CHERYL A RICE VS. STACY METZNER
56-2018-00508384-CU-OR-VTA
Dec 18, 2018
Ventura County, CA
Real Property
other
The Court OVERRULES Defendants' Demurrer to the second cause of action on the ground of failure to state a claim. Whether the use of a different "technique" than that to which plaintiff consented constitutes performance of a substantially different procedure is a matter to be resolved by the trier of fact, and is not suitable to resolve on demurrer.
2019-00536982
2019-00536982
Dec 10, 2020
Ventura County, CA
Defendant's demurrer to the fourth cause of action in the First Amended Complaint on the ground of failure to state a claim is SUSTAINED with leave to amend. Defendant's motion to strike the punitive damages claim from the First Amended Complaint is GRANTED with leave to amend.
CHERYL A RICE VS. STACY METZNER
56-2018-00508384-CU-OR-VTA
Aug 14, 2018
Ventura County, CA
Real Property
other
22CV403419 FAIRILLIA TURNER vs Shellpoint’s demurrer to the first and fourth causes of action on the grounds of TRINITY FINANCIAL failure to state a claim is SUSTAINED with 10 days’ leave to amend. Shellpoint’s SERVICES LLC demurrer to the second and third causes of action is OVERRULED. Please scroll down to line 2 for full tentative ruling. Court to prepare formal order.
FAIRILLIA TURNER VS TRINITY FINANCIAL SERVICES LLC
22CV403419
Feb 06, 2024
Santa Clara County, CA
22CV403419 FAIRILLIA TURNER vs Shellpoint’s demurrer to the first and fourth causes of action on the grounds of TRINITY FINANCIAL failure to state a claim is SUSTAINED with 10 days’ leave to amend. Shellpoint’s SERVICES LLC demurrer to the second and third causes of action is OVERRULED. Please scroll down to line 2 for full tentative ruling. Court to prepare formal order.
FAIRILLIA TURNER VS TRINITY FINANCIAL SERVICES LLC
22CV403419
Feb 07, 2024
Santa Clara County, CA
22CV403419 FAIRILLIA TURNER vs Shellpoint’s demurrer to the first and fourth causes of action on the grounds of TRINITY FINANCIAL failure to state a claim is SUSTAINED with 10 days’ leave to amend. Shellpoint’s SERVICES LLC demurrer to the second and third causes of action is OVERRULED. Please scroll down to line 2 for full tentative ruling. Court to prepare formal order.
FAIRILLIA TURNER VS TRINITY FINANCIAL SERVICES LLC
22CV403419
Feb 09, 2024
Santa Clara County, CA
22CV403419 FAIRILLIA TURNER vs Shellpoint’s demurrer to the first and fourth causes of action on the grounds of TRINITY FINANCIAL failure to state a claim is SUSTAINED with 10 days’ leave to amend. Shellpoint’s SERVICES LLC demurrer to the second and third causes of action is OVERRULED. Please scroll down to line 2 for full tentative ruling. Court to prepare formal order.
FAIRILLIA TURNER VS TRINITY FINANCIAL SERVICES LLC
22CV403419
Feb 08, 2024
Santa Clara County, CA
GRANT MOTION FOR SUMMARY ADJUDICATION RE FAILURE TO STATE A CLAIM, NO DEFECT CITED. GRANT MOTION FOR SUMMARY ADJUDICATION RE DOMINANT MOTIVE. BURDEN SHIFTS ON LANDLORDS' DECLARATIONS OF MOTIVE. NO TRIABLE ISSUE OF FACT. (PHA/CW)
WILLIAM BENTON ET AL VS. STEVEN CASSORLA ET AL
CUD02602010
Jun 17, 2002
San Francisco County, CA
Third Cause of Action for IIED: State Farm's demurrer for failure to state a claim to the third cause of action for IIED should be SUSTAINED, without leave to amend. Plaintiff fails to plead extreme and outrageous conduct necessary to support this cause of action.
RIVAS VS STATE FARM MUTUAL
56-2019-00535083-CU-BC-VTA
Nov 17, 2020
Ventura County, CA
Defendant's demurrer for failure to state a claim to the second cause of action is OVERRULED. Defendant cannot rely on a check because it falls outside the scope of the pleadings and matters subject to judicial notice. (See Blank v. Kirwan (1985) 39 Cal.3d 311, 318; see also CCP, § 430.30, subd. (a).) Contrary to Defendant's assertion, Plaintiffs allege a violation of specific rights in 22 CCR 72527.
STRATMANN VS. VENTURA POST ACUTE
56-2018-00511887-CU-PO-VTA
Sep 18, 2018
Ventura County, CA
Defendant's demurrer to each cause of action for failure to state a claim is OVERRULED. Plaintiff has alleged a viable cause of action for breach of contract. Defendant has not proffered arguments to support the demurrer to the remaining causes of action. Defendant's request for a stay is DENIED. Both parties' requests for sanctions are DENIED. This is the second time the parties have filed procedurally deficient, meritless requests for contempt sanctions.
VIRELLA MD VS ROTHSTEIN ESQ
56-2017-00501982-CU-CO-VTA
Feb 21, 2018
Ventura County, CA
Accordingly, Cross-Defendant's demurrer for failure to state a claim to the first cause of action for negligence is OVERRULED. Breach of Contract Claim: Cross-Complainant asserts that there was a written contract, and alleges facts about the parties' respective duties under that contract. (FACC, ¶¶ 7-9 & 19.)
DENNIS JARVIS VS. PARKS AND RECREATION MANAGEMENT
56-2018-00513582-CU-OE-VTA
Apr 17, 2019
Ventura County, CA
Employment
Other Employment
Accordingly, the demurrer to the fourth cause of action is SUSTAINED for failure to state a claim. D. Fifth Cause of Action – Violation of Civil Code § 2943.
SUPERIOR COURT VS. BANK OF HAWAII
20CV363200 Leire Funk v. Bank of Hawaii, et al.
Aug 26, 2021
you may dial 888-251-2909. When prompted enter the access
Santa Clara County, CA
The Court intends to OVERRULE Defendants' Demurrer to the second cause of action on the ground of failure to state a claim. Whether the use of a different "technique" than that to which plaintiff consented constitutes performance of a substantially different procedure is a matter to be resolved by the trier of fact, and is not suitable to resolve on demurrer. The Court intends to SUSTAIN Defendants' Demurrer to the third cause of action on the ground of failure to state a claim, with leave to amend.
LAIRD VS CHIU MD
56-2019-00536982-CU-MM-VTA
Dec 10, 2020
Ventura County, CA
Personal Injury/ Tort
Medical Malpractice
The demurrer to the First Affirmative Defense (Failure to State a Claim) and the Fourth Affirmative Defense (Statute of Limitations) is OVERRULED. An affirmative defense based on the failure to state a claim or statute of limitations does not require that facts be pleaded in support thereof. (Code Civ. Proc. §§ 431.30(b)(1); 458.)
LEPOU VS. VERDUZCO
30-2020-01164610
Mar 01, 2021
Orange County, CA
Defendants demur to all three causes of action based on the failure to state a claim under Code of Civil Procedure section 430.10(e). Defendants also appear to demur based on uncertainty under section 430.10(f). Defendants’ memorandum cites section 430.10(d), however, there is no argument that there is a defect or misjoinder of parties. Finally, the demurrer includes several other reasons, but these appear to be sub-arguments in support of Defendants’ argument for the failure to state a claim.
YUDOWITZ VS. LEE
MSC17-01363
Jul 26, 2018
Steve K. Austin
Contra Costa County, CA
As such, it is embraced within the general denial and the separate defense of failure to state a claim. 13. The Court SUSTAINS the general demurrer to the Twelfth Affirmative Defense (Not Substantial Motivating Reason) WITHOUT LEAVE TO AMEND, but WITHOUT PREJUDICE to presenting evidence on this subject at trial.
2022-00570159
Jan 09, 2023
Ventura County, CA
Overrule demurrer for uncertainty; Sustain w/o leave Reyes' demurrer for failure to state a claim; Sustain w/ leave the demurrers of VDM, Signature, Norton, Rogers, Flores and Ortiz to the 7th c/a for fraud; Overrule the remaining demurrers of VDM, Signature, Norton, Rogers, Flores and Ortiz; Grant Reyes MTS w/ leave to amend; Grant VDM motion to strike punitive damages w/o prejudice for leave to add a prayer for punitive damages after obtaining an order pursuant to CCP 425.13; Grant MTS punitive damages of
COLEGROVE VS AURORA VISTA DEL MAR LLC
56-2016-00487490-CU-PO-VTA
Sep 14, 2017
Ventura County, CA
The Court SUSTAINS in its entirety Defendant First American Title Trustee Servicing Solutions, LLC's demurrer to the complaint for failure to state a claim: leave to amend by June 21, 2011. (Code Civ. Proc., § 430.10, subds. (e).) Plaintiff Althea Ledford does not allege a basis or reason for her entitlement to statutory notification of the present foreclosure proceedings. She is not a named borrower / trustor under the subject deed of trust. (Exh. 1.)
LEDFORD VS FIRST AMERICAN TRUSTEE
56-2011-00393676-CU-OR-SIM
Jun 07, 2011
Ventura County, CA
Real Property
other
Reliable Interiors, Inc. (2004) 119 Cal App 4th 468 are authority to sustain the demurrer for failure to state a claim. =(302/PJM/VC)
INTERSTATE FIRE AND CASUALTY INSURANCE COMPANY VS. CLEVAND WRECKING COMPANY
CGC08475134
Sep 08, 2008
San Francisco County, CA
The demurrer is sustained without leave to amend as to the First [failure to state a claim], Fourth [no causation], and Fifth [causation] affirmative defenses because they fail to state facts sufficient to constitute a defense. (Code Civ. Proc. sec. 430.20(a).) Affirmative defenses inject new matters into the case, rather than simply being responsive to essential allegations of the complaint. (See Code Civ. Proc. sec. 431.30(b)(2); Walsh v. West Valley Mission Comm. Coll.
EMILY KRAMER VS. CARTA, INC. ET AL
CGC20585478
Dec 30, 2020
San Francisco County, CA
(3) The Demurrer to the Fifth Cause of Action for Accounting based on a failure to state a claim is OVERRULED as to Defendant Ihab M. Hanna, D.D.S., but SUSTAINED with leave to amend as to Defendant Hanna DDS, Inc. “An action for an accounting is equitable in nature.
KARRISHMA B. JUMANI, DDS VS. IHAB M. HANNA, DDS, ET AL
20-CIV-05067
Aug 08, 2021
San Mateo County, CA
The demurrer to the first cause of action for failure to state a claim is sustained with leave to amend. Plaintiff has failed to allege sufficient facts for a claim of race or national origin discrimination. Plaintiff is given leave to plead further facts that give rise to his claim that he was treated differently on account of race or national origin, and facts concerning acts of discrimination or retaliation on account of his lack of citizenship.
ANTONIO AMADO VAZ VS. TENDERLOIN HOUSING CLINIC, INC. ET AL
CGC12526406
Mar 14, 2013
San Francisco County, CA
Overrule Defendant's demurrer for failure to state a claim Discussion Demurrer for Uncertainty "A demurrer for uncertainty is strictly construed, even where a complaint is in some respects uncertain, because ambiguities can be clarified under modern discovery procedures." (Khoury v. Maly's of California, Inc. (1993) 14 Cal.App.4th 612, 616.)
CHAD TANNER VS. SKY HIGH CAMARILLO LLC
56-2017-00503990-CU-PO-VTA
Aug 23, 2019
Ventura County, CA
The demurrer is sustained for uncertainty and failure to state a claim pursuant to Code of Civil Procedure section 430.10(e) and (f). Plaintiff may file a first amended complaint within 15 days. Plaintiff shall serve a copy of the amended complaint on defendants' attorney within 15 days.
MARTHA M WELCH VS HYDER & COMPANY
37-2017-00011248-CU-WE-CTL
Sep 15, 2017
San Diego County, CA
TENTATIVE RULING The unopposed demurrer of defendant AmericaCredit Financial Services, Inc. dba GM Financial to plaintiff Eric Ray Castro's complaint is sustained based upon uncertainty and failure to state a claim, with leave to amend. The attachments to the complaint show a payment was made to the U.S. Treasury, rather than defendant, in order to pay off the lease. However, there is no allegation plaintiff complied with the requirements to obtain title after paying the lease balance.
CASTRO VS GM FINANCIAL
37-2018-00002594-CU-MC-CTL
May 31, 2018
San Diego County, CA
Other
Intellectual Property
Defendants' demurrer on the ground of failure to state a claim is DENIED. As alleged, each cause of action is sufficient to withstand demurrer.
KALEEM SYED VS. RASHID HAMEED
56-2020-00543981-CU-MC-VTA
Sep 29, 2020
Vincent O'Neill
Ventura County, CA
Insurance
Intellectual Property
For the foregoing reasons, Defendants' demurrer on the grounds of failure to state a claim and uncertainty is OVERRULED. Plaintiff is ordered to serve notice of the Court's ruling. TENTATIVE RULINGS Page: 2
2021-00558081
Dec 20, 2021
Ventura County, CA
Tentative ruling for April 4, 2018 on Plaintiff's motion for judgment on the pleadings The court DENIES Plaintiff's motion for judgment on the pleadings as to Defendants' Answers to the 1st, 7th, 16th, 21st, and 25th causes of action on the ground that failure to state a claim is not a valid affirmative defense. This affirmative defense is valid and one that Plaintiff herself used in her answer to the second amended cross-complaint.
BRADFORD VS TOP LINE MFG INC
56-2016-00485308-CU-OE-VTA
Apr 04, 2018
Vincent O'Neill
Ventura County, CA
Employment
Other Employment
The Court intends to OVERRULE Defendants' Demurrer to the second cause of action on the ground of failure to state a claim. Whether the use of a different "technique" than that to which plaintiff consented constitutes performance of a substantially different procedure is a matter to be resolved by the trier of fact, and is not suitable to resolve on demurrer.
2019-00536982
2019-00536982
Dec 10, 2020
Ventura County, CA
Defendant's demurrer to Plaintiff's breach of contract cause of action for failure to state a claim is sustained without leave to amend. The delayed discovery rule can be applied to contract claims in limited cases. (See e.g. April Enterprises, Inc. v. KTTV (1983) 147 Cal.App.3d 805, 828; Weatherly v. Universal Music Pub. Grp. (2004) 125 Cal.App.4th 913, 920.)
ANDREA VILLANUEVA, INDIVIDUALLY AND AS GUARDIAN AD ET AL VS. SOUTHERN INSURANCE COMPANY ET AL
CGC11512311
May 16, 2013
San Francisco County, CA
The Court sustains Defendant's demurrer on the ground of failure to state a claim to the premises liability claim, with leave to amend, for failure to plead sufficient facts to support the existence of a legal duty. The fact that the attack was on the premises during business hours is insufficient to show that any employees knew of or could have foreseen the attack.
2022-00567884
Feb 08, 2023
Ventura County, CA
Defendants' demurrer to the fourth cause of action for interference with economic relationship is sustained for uncertainty and failure to state a claim. Plaintiff did not oppose the demurrer to this cuase of action. Defendants' demurrer to the seventh cause of action for defamation is sustained, with leave to amend. The allegations need to state whether they were oral or written.
MCKAY VS BIO CLEAN ENVIRONMENTAL SERVICES INC
37-2019-00008613-CU-OE-CTL
Jul 11, 2019
San Diego County, CA
Employment
Other Employment
Failure to State A Claim Defendant contends the action should be dismissed for Plaintiff’s failure to state a claim. This is not a basis for dismissal pursuant to CCP section 581. Defendant has failed to set forth authority showing a failure to state a claim is a proper basis for dismissing an action in California state court. Furthermore, Defendant has failed to demonstrate that Plaintiff has failed to and cannot state a claim for libel and slander.
JOHN BADEA VS EMIL BOTEZATU
17STLC05434
May 24, 2018
Georgina Torres Rizk or Jon R. Takasugi
Los Angeles County, CA
Defendant Lost Hills Sheriff Division demurs, arguing vagueness and failure to state a claim. Additionally, defendant argues Wolford failed to meet the requirements of Government Code §911.2, the Tort Claims Act, requiring a timely written claim prior to filing a complaint. Both are valid grounds. The complaint contains no specific allegations; only a reference to police misconduct and brutality. None of the facts underlying the alleged brutality is detailed.
CHRISTINA WOLFORD VS LOST HILLS SHERIFF DIVISION
22SMCV00458
Aug 17, 2022
Los Angeles County, CA
The Colony's demurrer for failure to state a claim to the third cause of action is OVERRULED. The contract language at issue is ambiguous because it both refers to "losses and damages to the Protected Premises" and suffered by The Colony "or any third party." (X-Compl., ¶ 18.) Since "any third party" cannot have suffered a loss or damage to the premises, the contract is ambiguous as to whether it includes other personal injuries suffered by third parties.
JANET LENK VS. THE COLONY AT MANDALAY BEACH
56-2017-00502080-CU-PO-VTA
Jul 03, 2019
Ventura County, CA
Defendant San Diego Public Transportation's unopposed Demurrer to Plaintiffs Jason Levine-Cosby McWilliams and Divina Kaiser's First Amended Complaint is SUSTAINED WITH LEAVE TO AMEND based upon uncertainty and failure to state a claim pursuant to Code of Civil Procedure section 430.10, subsections (e) and (f). The First Amended Complaint does not include any cause of action. There are no facts to support how Defendant can be liable for "mental abuse and sexual harassment against the mentally disabled."
KAISER VS MTS SAN DIEGO PUBLIC TRANSPORTATION
37-2019-00042155-CU-PO-CTL
Jan 30, 2020
San Diego County, CA
Personal Injury/ Tort
other
s ("Ameriquest") demurrer to Plaintiffs Patrick and Debbie Carden's First Amended Complaint ("FAC") in its entirety on grounds of failure to state a claim and uncertainty. (Code Civ. Proc., § 430.10, subds. (e) and (f).) There is no opposition. Plaintiffs allege that on February 25, 2005, they purchased real property at 1575 Sycamore Drive in Simi Valley, obtaining their mortgage through Mortgage Electronic Registration Systems, inc., ("MERS") and Greenpoint Mortgage Funding. (FAC, ¶¶ 1, 9.)
PATRICK CARDEN VS. GREENPOINT MORTGAGE FUNDING, INC
56-2008-00333877-CU-OR-SIM
Jul 28, 2009
Ventura County, CA
Real Property
other
ISA Contracting Services, Inc.’s Demurrer to First Amended Complaint The Defendant ISA Contracting Services, Inc.’s demurrer to complaint is OVERRULED on all grounds, including failure to state a claim, uncertainty or Labor Code § 3601(a). The allegations of the First Amended are assumed to be true and do not disclose an affirmative defense on their face.
ANGEL VAZQUEZ ET AL. VS SAMUEL ESPINOZA ET AL.
18CV-04353
Dec 10, 2021
Merced County, CA
Tentative ruling for April 3, 2018 on motions by Defendants' (1) Demurrer to the Third Cause of Action in the Complaint (Opposed); (2) Motion to Strike Portions of the Complaint Defendants Patrick Comerford, Michael Weidmann, and Angela Weidman's demurrer for failure to state a claim to the third cause of action for intentional infliction of emotional distress is SUSTAINED WITH LEAVE TO AMEND.
ADALBERTO MILAN VS. PATRICK COMERFORD
56-2018-00506601-CU-BC-VTA
Apr 03, 2018
Vincent O'Neill
Ventura County, CA
The Demurrer to all causes of action for failure to state a claim against Aceituno is OVERRULED. The SAC alleges Defendant Aceituno is an alter ego of corporate Defendants. (SAC ¶¶ 6, 9.)
VELASCO VS. E-TEC
30-2019-01097925
Sep 14, 2020
Orange County, CA
Defendant’s Demurrer to the Seventh Cause of Action for Unjust Enrichment based on the failure to state a claim is SUSTAINED WITH LEAVE TO AMEND. While California courts have disagreed over whether unjust enrichment is a standalone cause of action, more recent California Supreme Court cases have concluded that “unjust enrichment” is not a proper cause of action. (See, e.g., Huskinson & Brown, LLP v.
ALUM ROCK UNION ELEMENTARY SCHOOL DISTRICT VS. DEL TERRA REAL ESTATE SERVICES, INC., ET AL
20-CIV-02466
Oct 10, 2021
San Mateo County, CA
Defendant’s Demurrer to the Seventh Cause of Action for Unjust Enrichment based on the failure to state a claim is SUSTAINED WITH LEAVE TO AMEND. While California courts have disagreed over whether unjust enrichment is a standalone cause of action, more recent California Supreme Court cases have concluded that “unjust enrichment” is not a proper cause of action. (See, e.g., Huskinson & Brown, LLP v.
ALUM ROCK UNION ELEMENTARY SCHOOL DISTRICT VS. DEL TERRA REAL ESTATE SERVICES, INC., ET AL
20-CIV-02466
Aug 29, 2021
San Mateo County, CA
Defendant’s Demurrer to the Seventh Cause of Action for Unjust Enrichment based on the failure to state a claim is SUSTAINED WITH LEAVE TO AMEND. While California courts have disagreed over whether unjust enrichment is a standalone cause of action, more recent California Supreme Court cases have concluded that “unjust enrichment” is not a proper cause of action. (See, e.g., Huskinson & Brown, LLP v.
ALUM ROCK UNION ELEMENTARY SCHOOL DISTRICT VS. DEL TERRA REAL ESTATE SERVICES, INC., ET AL
20-CIV-02466
May 22, 2022
San Mateo County, CA
Defendant’s Demurrer to the Seventh Cause of Action for Unjust Enrichment based on the failure to state a claim is SUSTAINED WITH LEAVE TO AMEND. While California courts have disagreed over whether unjust enrichment is a standalone cause of action, more recent California Supreme Court cases have concluded that “unjust enrichment” is not a proper cause of action. (See, e.g., Huskinson & Brown, LLP v.
ALUM ROCK UNION ELEMENTARY SCHOOL DISTRICT VS. DEL TERRA REAL ESTATE SERVICES, INC., ET AL
20-CIV-02466
Dec 05, 2021
San Mateo County, CA
Defendant’s Demurrer to the Seventh Cause of Action for Unjust Enrichment based on the failure to state a claim is SUSTAINED WITH LEAVE TO AMEND. While California courts have disagreed over whether unjust enrichment is a standalone cause of action, more recent California Supreme Court cases have concluded that “unjust enrichment” is not a proper cause of action. (See, e.g., Huskinson & Brown, LLP v.
ALUM ROCK UNION ELEMENTARY SCHOOL DISTRICT VS. DEL TERRA REAL ESTATE SERVICES, INC., ET AL
20-CIV-02466
Aug 15, 2021
San Mateo County, CA
Defendant’s Demurrer to the Seventh Cause of Action for Unjust Enrichment based on the failure to state a claim is SUSTAINED WITH LEAVE TO AMEND. While California courts have disagreed over whether unjust enrichment is a standalone cause of action, more recent California Supreme Court cases have concluded that “unjust enrichment” is not a proper cause of action. (See, e.g., Huskinson & Brown, LLP v.
ALUM ROCK UNION ELEMENTARY SCHOOL DISTRICT VS. DEL TERRA REAL ESTATE SERVICES, INC., ET AL
20-CIV-02466
Feb 06, 2022
San Mateo County, CA
Defendant’s Demurrer to the Seventh Cause of Action for Unjust Enrichment based on the failure to state a claim is SUSTAINED WITH LEAVE TO AMEND. While California courts have disagreed over whether unjust enrichment is a standalone cause of action, more recent California Supreme Court cases have concluded that “unjust enrichment” is not a proper cause of action. (See, e.g., Huskinson & Brown, LLP v.
ALUM ROCK UNION ELEMENTARY SCHOOL DISTRICT VS. DEL TERRA REAL ESTATE SERVICES, INC., ET AL
20-CIV-02466
Oct 31, 2021
San Mateo County, CA
Defendant’s Demurrer to the Seventh Cause of Action for Unjust Enrichment based on the failure to state a claim is SUSTAINED WITH LEAVE TO AMEND. While California courts have disagreed over whether unjust enrichment is a standalone cause of action, more recent California Supreme Court cases have concluded that “unjust enrichment” is not a proper cause of action. (See, e.g., Huskinson & Brown, LLP v.
ALUM ROCK UNION ELEMENTARY SCHOOL DISTRICT VS. DEL TERRA REAL ESTATE SERVICES, INC., ET AL
20-CIV-02466
Jun 19, 2022
San Mateo County, CA
Defendant’s Demurrer to the Seventh Cause of Action for Unjust Enrichment based on the failure to state a claim is SUSTAINED WITH LEAVE TO AMEND. While California courts have disagreed over whether unjust enrichment is a standalone cause of action, more recent California Supreme Court cases have concluded that “unjust enrichment” is not a proper cause of action. (See, e.g., Huskinson & Brown, LLP v.
ALUM ROCK UNION ELEMENTARY SCHOOL DISTRICT VS. DEL TERRA REAL ESTATE SERVICES, INC., ET AL
20-CIV-02466
Oct 17, 2021
San Mateo County, CA
Defendant’s Demurrer to the Seventh Cause of Action for Unjust Enrichment based on the failure to state a claim is SUSTAINED WITH LEAVE TO AMEND. While California courts have disagreed over whether unjust enrichment is a standalone cause of action, more recent California Supreme Court cases have concluded that “unjust enrichment” is not a proper cause of action. (See, e.g., Huskinson & Brown, LLP v.
ALUM ROCK UNION ELEMENTARY SCHOOL DISTRICT VS. DEL TERRA REAL ESTATE SERVICES, INC., ET AL
20-CIV-02466
Jun 26, 2022
San Mateo County, CA
Defendant’s Demurrer to the Seventh Cause of Action for Unjust Enrichment based on the failure to state a claim is SUSTAINED WITH LEAVE TO AMEND. While California courts have disagreed over whether unjust enrichment is a standalone cause of action, more recent California Supreme Court cases have concluded that “unjust enrichment” is not a proper cause of action. (See, e.g., Huskinson & Brown, LLP v.
ALUM ROCK UNION ELEMENTARY SCHOOL DISTRICT VS. DEL TERRA REAL ESTATE SERVICES, INC., ET AL
20-CIV-02466
Sep 05, 2021
San Mateo County, CA
Defendant’s Demurrer to the Seventh Cause of Action for Unjust Enrichment based on the failure to state a claim is SUSTAINED WITH LEAVE TO AMEND. While California courts have disagreed over whether unjust enrichment is a standalone cause of action, more recent California Supreme Court cases have concluded that “unjust enrichment” is not a proper cause of action. (See, e.g., Huskinson & Brown, LLP v.
ALUM ROCK UNION ELEMENTARY SCHOOL DISTRICT VS. DEL TERRA REAL ESTATE SERVICES, INC., ET AL
20-CIV-02466
Aug 01, 2021
San Mateo County, CA
Defendant’s Demurrer to the Seventh Cause of Action for Unjust Enrichment based on the failure to state a claim is SUSTAINED WITH LEAVE TO AMEND. While California courts have disagreed over whether unjust enrichment is a standalone cause of action, more recent California Supreme Court cases have concluded that “unjust enrichment” is not a proper cause of action. (See, e.g., Huskinson & Brown, LLP v.
ALUM ROCK UNION ELEMENTARY SCHOOL DISTRICT VS. DEL TERRA REAL ESTATE SERVICES, INC., ET AL
20-CIV-02466
Aug 07, 2022
San Mateo County, CA
Defendant’s Demurrer to the Seventh Cause of Action for Unjust Enrichment based on the failure to state a claim is SUSTAINED WITH LEAVE TO AMEND. While California courts have disagreed over whether unjust enrichment is a standalone cause of action, more recent California Supreme Court cases have concluded that “unjust enrichment” is not a proper cause of action. (See, e.g., Huskinson & Brown, LLP v.
ALUM ROCK UNION ELEMENTARY SCHOOL DISTRICT VS. DEL TERRA REAL ESTATE SERVICES, INC., ET AL
20-CIV-02466
Nov 13, 2022
San Mateo County, CA
Defendant’s Demurrer to the Seventh Cause of Action for Unjust Enrichment based on the failure to state a claim is SUSTAINED WITH LEAVE TO AMEND. While California courts have disagreed over whether unjust enrichment is a standalone cause of action, more recent California Supreme Court cases have concluded that “unjust enrichment” is not a proper cause of action. (See, e.g., Huskinson & Brown, LLP v.
ALUM ROCK UNION ELEMENTARY SCHOOL DISTRICT VS. DEL TERRA REAL ESTATE SERVICES, INC., ET AL
20-CIV-02466
Jan 30, 2022
San Mateo County, CA
Defendant’s Demurrer to the Seventh Cause of Action for Unjust Enrichment based on the failure to state a claim is SUSTAINED WITH LEAVE TO AMEND. While California courts have disagreed over whether unjust enrichment is a standalone cause of action, more recent California Supreme Court cases have concluded that “unjust enrichment” is not a proper cause of action. (See, e.g., Huskinson & Brown, LLP v.
ALUM ROCK UNION ELEMENTARY SCHOOL DISTRICT VS. DEL TERRA REAL ESTATE SERVICES, INC., ET AL
20-CIV-02466
Nov 28, 2021
San Mateo County, CA
Defendant’s Demurrer to the Seventh Cause of Action for Unjust Enrichment based on the failure to state a claim is SUSTAINED WITH LEAVE TO AMEND. While California courts have disagreed over whether unjust enrichment is a standalone cause of action, more recent California Supreme Court cases have concluded that “unjust enrichment” is not a proper cause of action. (See, e.g., Huskinson & Brown, LLP v.
ALUM ROCK UNION ELEMENTARY SCHOOL DISTRICT VS. DEL TERRA REAL ESTATE SERVICES, INC., ET AL
20-CIV-02466
Oct 30, 2022
San Mateo County, CA
Defendant’s Demurrer to the Seventh Cause of Action for Unjust Enrichment based on the failure to state a claim is SUSTAINED WITH LEAVE TO AMEND. While California courts have disagreed over whether unjust enrichment is a standalone cause of action, more recent California Supreme Court cases have concluded that “unjust enrichment” is not a proper cause of action. (See, e.g., Huskinson & Brown, LLP v.
ALUM ROCK UNION ELEMENTARY SCHOOL DISTRICT VS. DEL TERRA REAL ESTATE SERVICES, INC., ET AL
20-CIV-02466
Nov 06, 2022
San Mateo County, CA
Defendant’s Demurrer to the Seventh Cause of Action for Unjust Enrichment based on the failure to state a claim is SUSTAINED WITH LEAVE TO AMEND. While California courts have disagreed over whether unjust enrichment is a standalone cause of action, more recent California Supreme Court cases have concluded that “unjust enrichment” is not a proper cause of action. (See, e.g., Huskinson & Brown, LLP v.
ALUM ROCK UNION ELEMENTARY SCHOOL DISTRICT VS. DEL TERRA REAL ESTATE SERVICES, INC., ET AL
20-CIV-02466
Nov 21, 2021
San Mateo County, CA
Defendant’s Demurrer to the Seventh Cause of Action for Unjust Enrichment based on the failure to state a claim is SUSTAINED WITH LEAVE TO AMEND. While California courts have disagreed over whether unjust enrichment is a standalone cause of action, more recent California Supreme Court cases have concluded that “unjust enrichment” is not a proper cause of action. (See, e.g., Huskinson & Brown, LLP v.
ALUM ROCK UNION ELEMENTARY SCHOOL DISTRICT VS. DEL TERRA REAL ESTATE SERVICES, INC., ET AL
20-CIV-02466
Sep 12, 2021
San Mateo County, CA
Defendant’s Demurrer to the Seventh Cause of Action for Unjust Enrichment based on the failure to state a claim is SUSTAINED WITH LEAVE TO AMEND. While California courts have disagreed over whether unjust enrichment is a standalone cause of action, more recent California Supreme Court cases have concluded that “unjust enrichment” is not a proper cause of action. (See, e.g., Huskinson & Brown, LLP v.
ALUM ROCK UNION ELEMENTARY SCHOOL DISTRICT VS. DEL TERRA REAL ESTATE SERVICES, INC., ET AL
20-CIV-02466
Jan 09, 2022
San Mateo County, CA
Defendant’s Demurrer to the Seventh Cause of Action for Unjust Enrichment based on the failure to state a claim is SUSTAINED WITH LEAVE TO AMEND. While California courts have disagreed over whether unjust enrichment is a standalone cause of action, more recent California Supreme Court cases have concluded that “unjust enrichment” is not a proper cause of action. (See, e.g., Huskinson & Brown, LLP v.
ALUM ROCK UNION ELEMENTARY SCHOOL DISTRICT VS. DEL TERRA REAL ESTATE SERVICES, INC., ET AL
20-CIV-02466
May 15, 2022
San Mateo County, CA
Defendant’s Demurrer to the Seventh Cause of Action for Unjust Enrichment based on the failure to state a claim is SUSTAINED WITH LEAVE TO AMEND. While California courts have disagreed over whether unjust enrichment is a standalone cause of action, more recent California Supreme Court cases have concluded that “unjust enrichment” is not a proper cause of action. (See, e.g., Huskinson & Brown, LLP v.
ALUM ROCK UNION ELEMENTARY SCHOOL DISTRICT VS. DEL TERRA REAL ESTATE SERVICES, INC., ET AL
20-CIV-02466
Nov 14, 2021
San Mateo County, CA
Defendant’s Demurrer to the Seventh Cause of Action for Unjust Enrichment based on the failure to state a claim is SUSTAINED WITH LEAVE TO AMEND. While California courts have disagreed over whether unjust enrichment is a standalone cause of action, more recent California Supreme Court cases have concluded that “unjust enrichment” is not a proper cause of action. (See, e.g., Huskinson & Brown, LLP v.
ALUM ROCK UNION ELEMENTARY SCHOOL DISTRICT VS. DEL TERRA REAL ESTATE SERVICES, INC., ET AL
20-CIV-02466
Oct 24, 2021
San Mateo County, CA
Defendant’s Demurrer to the Seventh Cause of Action for Unjust Enrichment based on the failure to state a claim is SUSTAINED WITH LEAVE TO AMEND. While California courts have disagreed over whether unjust enrichment is a standalone cause of action, more recent California Supreme Court cases have concluded that “unjust enrichment” is not a proper cause of action. (See, e.g., Huskinson & Brown, LLP v.
ALUM ROCK UNION ELEMENTARY SCHOOL DISTRICT VS. DEL TERRA REAL ESTATE SERVICES, INC., ET AL
20-CIV-02466
Feb 20, 2022
San Mateo County, CA
Defendant’s Demurrer to the Seventh Cause of Action for Unjust Enrichment based on the failure to state a claim is SUSTAINED WITH LEAVE TO AMEND. While California courts have disagreed over whether unjust enrichment is a standalone cause of action, more recent California Supreme Court cases have concluded that “unjust enrichment” is not a proper cause of action. (See, e.g., Huskinson & Brown, LLP v.
ALUM ROCK UNION ELEMENTARY SCHOOL DISTRICT VS. DEL TERRA REAL ESTATE SERVICES, INC., ET AL
20-CIV-02466
Jun 12, 2022
San Mateo County, CA
Defendant’s Demurrer to the Seventh Cause of Action for Unjust Enrichment based on the failure to state a claim is SUSTAINED WITH LEAVE TO AMEND. While California courts have disagreed over whether unjust enrichment is a standalone cause of action, more recent California Supreme Court cases have concluded that “unjust enrichment” is not a proper cause of action. (See, e.g., Huskinson & Brown, LLP v.
ALUM ROCK UNION ELEMENTARY SCHOOL DISTRICT VS. DEL TERRA REAL ESTATE SERVICES, INC., ET AL
20-CIV-02466
Feb 13, 2022
San Mateo County, CA
The Court sets a hearing for an order to show cause for dismissal for failure to state a claim on ______. Dated: December ____, 2022 Hon. Monica Bachner Judge of the Superior Court
IN THE MATTER OF: MICHAEL LOUIS ODDENINO
22STCV15630
Dec 05, 2022
Los Angeles County, CA
Defendant’s Demurrer to the Seventh Cause of Action for Unjust Enrichment based on the failure to state a claim is SUSTAINED WITH LEAVE TO AMEND. While California courts have disagreed over whether unjust enrichment is a standalone cause of action, more recent California Supreme Court cases have concluded that “unjust enrichment” is not a proper cause of action. (See, e.g., Huskinson & Brown, LLP v.
ALUM ROCK UNION ELEMENTARY SCHOOL DISTRICT VS. DEL TERRA REAL ESTATE SERVICES, INC., ET AL
20-CIV-02466
Oct 03, 2021
San Mateo County, CA
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