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Walmart argues that a demurrer is also warranted because West and Yeezy’s claims are barred by Section 230 of the Communications Decency Act, which “preempts the cause of action to the extent that [West and Yeezy are] seeking to hold Walmart liable for the conduct of the seller” of the imitation footwear.
The Ninth Circuit described the rule as “a doctrine that prevents a party to a contract from recovering economic damages resulting from breach of contract under tort theories of liability.” ” Lemon law. The court denied a request to depublish the First District, Division Four, opinion in Amy’s Kitchen, Inc.
A partially divided Fourth District, Division One, Court of Appeal, published opinion reversed the dismissal on demurrer of a mother’s action for the distress she suffered when speaking on the phone with her daughter as the daughter was involved in a car crash allegedly caused by the defendants’ negligence.
The Second District, Division Eight, published opinion reversed the sustaining of a demurrer and a summary judgment grant. In Yeh , the First District, Division Four, picking sides in a split of authorities (see here ), answered “no” in a published opinion. Related: Throwing shade at SCOTUS? Michael Jackson. MJJ Productions, Inc.
Public contract depublication. The case involved a statute barring a state agency from drafting a request for proposal on a public contract for services to be rendered to the state in a way directly or indirectly limiting bidding to any one bidder. There was no petition for review in Franco. 32nd District Agricultural Association.
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