PRETRIAL ADJUDICATION
...Demurrers
......Grounds: To Complaint & Cross-Cmplt
.........General Demurrer
............In General
 27 Cards On This Topic:
  • General demurrer to complaint or cross-complaint discussed.
  • Error to sustain D's demurrer on CCP 340.6 SOL grounds based on his alleged violation of professional duty where at least one of P's claims not time-barred based on a reasonable construction of the complaint.
  • UCL claims subject to CL rules of accrual — continuous accrual principles prevent P's complaint from being dismissed at the demurrer stage on SOL grounds.
  • Demurrer for State Farm proper where insured did not follow statutory and common law rescission procedures before suing for damages.
  • Reversed and remanded where record did not have enough information to establish as a matter of law that 49ers patrons failed to state C/A for privacy right violation due to pre-game patdown search.
  • Ds' demurrer improperly sustained where Ps' action not preempted by FDCA: 21 USC 337 doesn't impliedly preempt private actions based on violations of state laws explicitly authorized by 21 USC 343-1.
  • As Safeway was obligated by the ABCA to verify DOB of customers purchasing alcohol and to keep sales records, its conduct fell w/in the exception to the Song-Beverly Act for "an obligation imposed by law."
  • Demurrer properly sustained to lawsuit against sheriff and recorder in P's nonjud. foreclosure and eviction where entities under mandatory or ministerial duty to issue writ, levy on it, and record paperwork; fraud investigation not mandated.
  • Heirs to Alta Dena Dairy fortune may sue law firm which turned its back and collected fees while allowing its attorney to help himself to heirs' assets.
  • Error to sustain D's demurrer to breach of K, prom. estoppel, and fraud/false promise C/As where Ps sufficiently alleged compliance with trial modific. plan and that D failed to modify and instead foreclosed.
  • Demurrer for attorney proper where malpractice action barred by CCP 340.6 1-yr. SOL: Ps sustained actual injury when atty failed to promptly pursue enforcement of the substantial judgment in the underlying action and new counsel hired.
  • In childhood sex. abuse case where P alleged he received psych. counseling paid for by a church entity's insurer, but no notice of when SOL would run, SOL tolled and court erred in sustaining Ds' demurrer.
  • Because the primary right at issue in appellants' petition differed from the one at issue in earlier appeal, petition not barred by res judicata; demurrer should have been sustained on other grounds, with leave to amend.
  • Demurrer properly sustained to declaratory relief complaint where it principally concerned breach of contract dispute looking to past conduct rather than a forward-looking pronouncement of parties' rights and duties.
  • Trial ct. erred in sustaining City's demurrer based on SOL where P's inverse condemnation claim did not accrue until City's occupation of his property became wrongful, which occurred when eminent domain proceeding dismissed.
  • Court erred in sustaining Ds' demurrer as they had a duty as brokers to disclose a substantial risk that seller could not transfer title free and clear of monetary encumbrances, and buyers stated facts sufficient to constitute several C/As.
  • Trial court properly sustained Ds' demurrer to invasion of privacy C/A where facts contained in news article were not private—once posted on myspace.com, article was available to anyone with internet access.
  • Dismissal proper after trial court sustained demurrer to complaint for declaratory relief with leave to amend where case not yet ripe.
  • D doctors' demurrer reversed as H had cause of action for loss of consortium where Ds allowed W to believe for two years she had fatal breast cancer although post-mastectomy path report showed no cancer.
  • Demurrers for D attorneys reversed where client adequately pleaded all causes of action in legal malpractice, breach of contract/fiduciary duty case.
  • Berkeley's demurrer properly sustained w/out leave to amend where Sea Scouts were denied city subsidy for not adhering to nondiscrimination policy, not to infringe free speech or association with Boy Scouts.
  • D law firm's demurrer improperly sustained where complaint stated fraud claim for nondisclosure of material terms of financing transaction.
  • Court properly overruled D foster mother's demurrer where limitations period tolled during Ps' minority and they submitted timely claims to Foster Family etc. Home Ins. Fund before suing.
  • Attorney equitably estopped from asserting legal malpractice statute of limitations where he gave incorrect advice on which P relied.
  • Error to sustain gen'l demurrer to causes of action based on SOL where impossible to clearly find from complaint that wrongful conduct for which no dates pled must have occurred prior to a year before complaint filed.
  • Demurrer to answer and demurrer to complaint distinguished.
  • General demurrer may not be based on lack of capacity to sue.


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