PRETRIAL ADJUDICATION
...Demurrers
......Grounds: To Complaint & Cross-Cmplt
.........General Demurrer
............Lack of Jurisdiction
 16 Cards On This Topic:
  • Demurrer sustained if court has no jurisdiction over cause of action pled.
  • Failure to allege facts demonstrating or excusing compliance with requirement to file claim with public entity prior to filing suit subjects a complaint to general demurrer.
  • Court of Appeal erred in concluding civil action against public utility barred by PUC 1759 because of possibility of conflicting rulings with parallel PUC proceeding; judgment upholding dismissal reversed.
  • Sustaining demurrer for lack of jurisdiction in class action improper as Ps properly joined to form class and cumulative damages exceeded super. ct.’s jurisdictional threshold.
  • Claims against generic drug manufacturers not preempted by federal law and Ds' demurrer correctly overruled where generic drug labels did not match updated brand-name drug label.
  • Although trial court correctly sustained D's demurrer to contract and tort C/As where P did not exhaust administrative remedy, court should have treated declaratory relief C/A as petition for writ of mandate.
  • Wholesale energy co.'s demurrer properly sustained w/out leave to amend where FPA and "filed rate doctrine" barred all of AG's monetary and injunctive claims and no threat the misconduct would continue.
  • C/As on K erroneously dismissed on SMJ grounds where state court had jurisdiction over whether Ds breached K with P to defend & indemnity it against 3d party patent infringement action and federal patent law not at issue.
  • As claims alleged in Complaint presented substantial issues of patent law, invoking exclusive federal jurisdiction, trial ct. lacked SMJ, and demurrer properly sustained.
  • School district's demurrer to member of public's mandate petition should have been sustained where federal law clearly prohibits disclosure of student expulsion records to public and preempts state law to the contrary.
  • Demurrer to P's mandate petition properly sustained where he failed to first request administrative hearing before DMV after driver's license suspension.
  • Complaints based on "delayed discovery" could not withstand demurrer where Ps failed to allege time and manner of discovery and inability to make earlier discovery despite reasonable diligence.
  • State court lacked jurisdiction over P's action, as causes of action were claims arising under Medicare Act; trial ct. did not err in granting D's demurrer without leave to amend.
  • In action to invalidate bankruptcy order, demurrer for lack of jurisdiction properly sustained as exclusive jurisdiction over debtor and property rested in Bankr. Court.
  • Demurrer sustained where super. ct. had no jurisdiction over subject of cause of action.
  • Demurrer for uncertainty properly overruled where amount prayed for was in excess of superior court’s jurisdictional minimum.


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