At the Lectern

JULY 20, 2023

City of Riverside to address an issue that’s a perennial favorite of law school moot courts and writing classes — the limits on a bystander’s right to recover for negligent infliction of emotional distress.

Law School 40

Law School Demurrer Manufacturing Contract 40

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. Such functional claim language, without more, is insufficient for patentability under our law.

Demurrer 84

Demurrer Cause of Action Litigation Litigating 84

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. ” Last month , Justice Liu (joined by Justice Kelli Evans) filed a separate statement dissenting from the denial of review in another geofence warrant case.

Demurrer 85

Demurrer Court Technology Felony 85

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. In patent law, inventorship is tied directly to ownership. ” U.S.

Demurrer 75

Demurrer Technology Court Litigation 75

The Fashion Law

NOVEMBER 4, 2021

In that case, which was filed in 2017, the Los Angeles city attorney argued that the retailers ran afoul of the California state law by offering up their products at “reference prices” that purported to reflect former prices. The Defendants’ Answers. Boohoo, et. 2:20-cv-03332 (C.D.Cal.).

Statute 64

Statute Demurrer Laws Court 64

At the Lectern

FEBRUARY 2, 2023

and more fully explain why that departure is appropriate under current California law.” In Rattagan , the court is expected to answer the Ninth Circuit’s question , “Under California law, are claims for fraudulent concealment exempted from the economic loss rule?” ” Lemon law. Uber Technologies, Inc. FCA US LLC.

Demurrer 45

Demurrer Contract Entertainment Tort 45

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. Division Three held policy exclusions defeated the claim as a matter of law.

Prima Facie Case 45

Prima Facie Case Court Demurrer Felony 45

At the Lectern

JANUARY 11, 2024

The disputed issue concerns the RJA statement that “racism in any form or amount, at any stage of a criminal trial, is intolerable, inimical to a fair criminal justice system, is a miscarriage of justice under Article VI of the California Constitution, and violates the laws and Constitution of the State of California.”

Education 49

Education Demurrer Court Attorney 49

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. Superior Court.

Immigration 45

Immigration Court Demurrer Misdemeanor 45

At the Lectern

NOVEMBER 16, 2023

The legislation amended the law regarding gang enhancements. 5th 469, held, “California’s laws prohibiting felons from possessing firearms and ammunition do not violate the Constitution because ‘only law-abiding citizens are included among “ the people ” whose right to bear arms is protected by the Second Amendment.’

Demurrer 45

Demurrer Manufacturing Statute Contract 45

At the Lectern

OCTOBER 17, 2024

The Second District, Division Seven, Court of Appeal’s published opinion framed the issues this way: “does the fiduciary board of a county public employee retirement system established under the County Employees Retirement Law of 1937 (Gov. Code, § 31450 et seq. Regents of the University of California.

Court 45

Court Statute Contract Demurrer 45