At the Lectern

JULY 12, 2022

Hastings (1874) 47 Cal. 269, 271.). ” (57 Cal.

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At the Lectern

JANUARY 12, 2023

where the published opinion of the Fourth District, Division Two, reversed the dismissal on demurrer of a class action alleging Walmart’s sale of its “Great Value White Baking Chips” was deceptive because the product did not contain white chocolate. Walmart, Inc. ” (Published opinion here.)

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Attorney at Work

SEPTEMBER 30, 2022

If we look at things at a more granular level, we learn that Beckloff and Chalfant both grant demurrers at a rate on par with the county average (42%), favoring those filed by the defendant at a rate of 83%. Strobel , on the other hand, has granted 77% of the demurrers filed in her court, 90 percent of which were in favor of the defendant.

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At the Lectern

DECEMBER 31, 2020

The Second District, Division Three, unpublished opinion mostly upheld the dismissal on demurrer of an action by a nine-year-old skater whose coach sexually molested her. It’s unusual to have a less-than-unanimous grant of review. The court granted-and-held in Annie G. Glacial Garden Skating Arenas, LLC.

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At the Lectern

FEBRUARY 2, 2023

which said the superior court correctly sustained an insurance carrier’s demurrer, but for the wrong reason, and also held the insured was entitled to amend its complaint to show its claim came within its policy’s “communicable disease event” coverage. Fireman’s Fund Insurance Co.

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Patently O

FEBRUARY 13, 2023

Sywula sued for correction of invention, and the District Court initially dismissed the case on standing, but – after an amended complaint – has now agreed that Sywula has met the requirements to survive a pleading-stage demurrer. Standing to Sue : Federal Courts can only hear “actual cases or controversies.”

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At the Lectern

JULY 20, 2023

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.

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At the Lectern

JANUARY 11, 2024

Facebook discrimination case can continue. The court denied review and a depublication request in Liapes v. ” Division Three held the plaintiff “alleged intentional discrimination, not disparate impact as Facebook asserts.”

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At the Lectern

JUNE 29, 2023

AmGUARD Insurance Company that affirmed the sustaining of a demurrer to a complaint claiming insurance coverage for business income losses from government COVID pandemic shut-down orders. The court denied a request to depublish the Fourth District, Division Three, opinion in Coast Restaurant Group, Inc.

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At the Lectern

NOVEMBER 10, 2022

The court denied review in Martinez v. Cot’n Wash, Inc. , but Justice Goodwin Liu recorded a vote to hear the case. ” Rejecting dictum in a Second District, Division Five, opinion ( Ruiz v.

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At the Lectern

SEPTEMBER 14, 2023

” The trial court had dismissed the action on demurrer, ruling that one superior court cannot direct a writ of mandamus to another superior court.

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At the Lectern

JUNE 1, 2023

Lowe’s Home Centers , where a Second District, Division Three, unpublished opinion upheld the dismissal by demurrer of a lawsuit by a pro per attorney. Pandemic masking lawsuit. The court denied review in Birke v.

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Patently O

OCTOBER 20, 2022

If the complaint fails this standard, the defendant can seek what was traditionally known as a “demurrer” and is now called a “motion to dismiss for failure to state a claim upon which relief can be granted” under R. 12(b)(6) or “motion on the pleadings” under R.

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At the Lectern

NOVEMBER 16, 2023

The Second District, Division Eight, published opinion reversed the sustaining of a demurrer and a summary judgment grant. (Related: Throwing shade at SCOTUS? Michael Jackson. The court also denied review in Safechuck v. MJJ Productions, Inc. ” Based on Brown v.

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The Fashion Law

NOVEMBER 4, 2021

By vacating the trial court’s grant of demurrer on grounds the statute was void for vagueness, the appellate panel’s decision reaffirms the validity of Section 17501,” Manatt’s Richard Lawson stated at the time. “It It also puts retailers on notice that additional enforcement actions may be in their future.”

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Attorney at Work

NOVEMBER 15, 2021

Brazile of the Los Angeles County Superior Court favors plaintiffs in labor and employment disputes and defendants in property disputes, granting 43% of demurrers for the former and 85% for the latter. We can quickly see, for example, that the Hon. This is crucial information to have when formulating settlement strategies.

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At the Lectern

SEPTEMBER 16, 2021

The Third District’s unpublished Poblete opinion noted the issue is pending in Sheen , but concluded a demurrer was properly sustained because no breach of duty had been alleged “[e]ven assuming a duty of care might hypothetically exist.” ” The court granted and transferred in Hutcheson v.

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At the Lectern

OCTOBER 31, 2024

Confidential medical records : The court granted review in J.M. Illuminate Education.

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At the Lectern

OCTOBER 17, 2024

In an unpublished opinion , the Second District, Division Five, held the superior court improperly bounced at the demurrer stage a lawsuit by students at University of California schools claiming they should get refunds of tuition and fees paid for times when instruction was remote rather than in-person because of the COVID pandemic.

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