431.10.
(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 by the allegations of the complaint or cross-complaint.
(c) An “immaterial allegation” means “irrelevant matter” as that term is used in Section 436.
Explanation: The express basis for defendant’s demurrer is that the original form Complaint (which notably contains a single titled cause of action for common count – money had and received) fails to state sufficient facts to constitute a cause of action, based upon subdivision (e) of Code of Civil Procedure section 431.10 and is otherwise uncertain, based upon subdivision (f) of Code of Civil Procedure section 431.10.
OSCAR CORAL VS. LUCIA GONZALEZ
23CECG02627
Jan 18, 2024
Fresno County, CA
Accordingly, the motion is granted under Code of Civil Procedure section 431.10. If no one requests oral argument, the court is prepared to sign the proposed order submitted.
MAGANA, ET AL. V. SUSTAITA, ET AL.
VCU 271415
Jan 22, 2018
Tulare County, CA
An “immaterial allegation” as defined by section 431.10 shares the same meaning as “irrelevant matter” in Code of Civil Procedure section 436.
R 1. VS DOE 1
CVPS2205005
Feb 01, 2024
Riverside County, CA
The basis for this demurrer is that the complaint fails to state facts sufficient o to constitute a cause of action, based upon subdivision (e) of Code of Civil Procedure, section 431.10(e). Defendants also demurred for uncertainty to all causes of action in the complaint, based upon Code of Civil Procedure, section 431.10(f). The request for judicial notice, filed concurrently, is proper.
JESUS CARILLO VS. STEVE MCBRIDE
23CECG00495
Aug 30, 2023
Fresno County, CA
The express basis for this demurrer is that the complaint fails to state facts constituting a cause of action, based upon subdivision (e) of Code of Civil Procedure section 431.10. Because plaintiff pled an agency relationship existed between the named defendants, including RSG, the complaint withstands a general demurrer (Skopp v. Weaver (1976) 16 Cal.3d 432, 439).
DYL INVESTMENT GROUP LLC VS. ATEGRITY SPECIALTY INSURANCE COMPANY / CLASS ACTION
22CECG04021
Aug 01, 2023
Fresno County, CA
Aug 11, 2017
Dismissal
Stanley Mosk Courthouse
Los Angeles County, CA
Quiet Title (General Jurisdiction)
Property
Quiet Title
Jul 06, 2005
Dismissal
Stanley Mosk Courthouse
Los Angeles County, CA
Negligent Breach of Contract/Warranty (no fraud) (General Jurisdiction)
Commercial
Negligent Breach
Jul 27, 2020
Voluntary Dismissal
Stanley Mosk
Los Angeles County, CA
Motor Vehicle - Personal Injury/Property Damage/Wrongful Death (General Jurisdiction)
Torts
Automobile
Mar 05, 2018
Dismissal
San Bernardino
San Bernardino County, CA
Breach of Contract/Warranty Unlimited
Commercial
Breach of Contract
Feb 14, 2007
Summary Judgment
Fresno County
Fresno County, CA
Preview
, ost 412017 14:18 Law Office “ey Alcana Ce P.002/019 Superior Court of California LAW OFFICES OF EUGENE 8, ALKANA unty of Los Angeles EUGENE, 8, ALKANA, ESG..-Bar No. 6041 F 13.1 Mu BI Moline Avenue …
Aug 11, 2017
Court-Ordered Dismissal - Other (Other) 02/23/2018
Los Angeles County, CA
Sep 14, 2017
Quiet Title (General Jurisdiction)
6 pages
MO SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Jul-17-2012 3:19 pm Case Number: CGC-12-521714 Filing Date: Jul-17-2012 3:18 Filed by: WESLEY G. RAMIREZ Juke Box: 001 Image: 03688318 DEMURRER HOWARD WESTON VS. TOMMY K ABIB et al 001003688318 Instructions: Please place this sheet on top of the document to be scanned.11 13 LAW OFFICES OF WILLIAM E. SHAPIRO William E. Shapiro (Bar No. 222615) 244 California Street, Suite 300 San Francisco, California …
San Francisco County, CA
Jul 17, 2012
OTHER NON EXEMPT COMPLAINTS
14 pages
| ERIN | JONES, MAHONEY, Shia BRAYTON & SOLL LLP . BELOW FOR FILING wr Vareen, ATTORNEYS AT LAW 1SO WEST FIRST STREET, SUITE …
Feb 18, 2003
Alameda County, CA
Jul 09, 2003
Unlimited Civil
9 pages
Electronically FILED by Superior Court of California, County of Los Angeles on 02/21/2023 11:42 AM David W. Slayton, Executive Officer/Clerk of Court, by A. Lopez,Deputy Clerk 1 KENNETH D. WATNICK (Bar No. 150936) kdw@amclaw.com 2 JESSE YAN…
Los Angeles County, CA
Feb 21, 2023
Legal Malpractice (General Jurisdiction)
15 pages
AORTA SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet : Sep-27-2010 11:21 am Case Number: CGC-10-496098 Filing Date: Sep-27-2010 11:21 Juke Box: 001 Image: 02984630 ANSWER MINOTT WESSINGER AS TRUSTEE OF THE MINOTT VS. EDWARD KAVOUNAS et ¢ 001C02984630 Instructions: Please place this sheet on top of the document to be scanned.J = = © om © ANDREW M. ZACKS, SBN 147794 SCOTT A. FREEDMAN, SBN 240872 ZACKS & UTRECHT, P.C. 235 Montgomery Street, Suite 400 San…
Jan 15, 2010
San Francisco County, CA
Sep 24, 2010
QUIET TITLE - REAL PROPERTY
For full print and download access, please subscribe at https://www.trellis.law/.
Please wait a moment while we load this page.
Your subscription has successfully been upgraded.
Your content views addon has successfully been added.
No Worries!
Adding your team is easy
in the "Manage Company Users" tab
