PRETRIAL ADJUDICATION
...Demurrers
......Grounds: To Complaint & Cross-Cmplt
.........General Demurrer
............Failure to State Cause of Action
48 Cards On This Topic:

Demurrer may be sustained if pleading does not state cause of action.

CC 1747.08 does not prohibit online retailer from requesting / requiring personal I.D. information from a customer as a condition to accepting a credit card as payment for an electronically downloadable product.

Error to sustain store's demurrer-asking customer for her zip code violated Song-Beverly Credit Card Act as a zip code is "personal identification information."

Ps could not assert a CCP §526a taxpayer claim predicated on a violation of animal cruelty laws as Legislature provided a carefully crafted legislative mechanism to deal with such violations.

Widow with Alzheimer's may allege financial elder abuse against those who convinced her to sell Trust property at unfair price, despite escrow cancellation, as it deprived her of a property right per Elder Abuse Act.

Demurrer for manufacturing co. reversed as claims based on birth or pre-birth injuries due to exposure to hazardous materials or toxic substances are subject to SOL in CCP §340.8.

When company bought property at foreclosure sale on 11/12/10, P's tenancy not terminated as he paid rent through the end of November; trial ct. erred in finding the red-tagging of the property terminated his tenancy.

Error to sustain bank's demurrer as Ps pled viable C/As for equitable cancellation of trustee’s deed obtained by bank based on allegation bank did not comply with NHA reqs in the DOT.

Because CA's nonjudicial foreclosure statutes provide no basis for defaulting P's challenge to the authority of the entity initiating foreclosure, trial court properly sustained Bank's demurrer without leave.

1st attorney cannot sue substitute attorney for settlement funds as 1st attorney failed to establish the existence, amount, and enforceability of his attorney fees lien in independent action against clients.

Class action P adequately alleged deceptive advertising where actual limits to Skype's advertised "Unlimited" minutes were contained in footnoted link not so noticeable to consumers that they wouldn't be deceived.

City's demurrer to complaint against ordinance prohibiting cultivation of MJ for any purpose was properly sustained—CUA and MMP do not preempt city’s power to prohibit facilities that cultivate medical MJ.

Judicial notice could not be taken of declaration averring Ds' complied with CC 2923.5—P's allegations that they did not comply with the statute were sufficient to state a C/A for wrongful foreclosure.

Demurrer properly sustained where O was not acting w/in the scope of his employment when he wrote fake letters to inmates—while he had access to information through his job, the act of writing the letters was independent and purely personal.

As Pineda applies retrospectively, D violated CC 1747.08 by requesting and recording P's ZIP code as part of a credit card transaction.

Demurrer for D public school dist. reversed as it may be vicariously liable for the negligence of administrators or supervisors in hiring, supervising and retaining school employee who sexually harasses and abuses a student.

Ps' claims for damages for wrongful initiation of foreclosure and for declaratory relief based on their interpretation of CC 2924(a) did not state a cause of action as a matter of law and Ds' demurrer properly sustained without leave.

To state a viable products liability claim, Ps need not identify at the pleading stage the specific toxin contained in each hazardous product to which decedent was exposed that was a substantial factor in causing his illness.

Based on Pineda v. Williams-Sonoma, error to sustain store's demurrer—asking customer for ZIP code violates Song-Beverly as this is "personal identification information."

Lenders' demurrers properly sustained where, by suing to determine whether Note's owner authorized its nominee to initiate foreclosure, borrower tried to interject courts into comprehensive nonjudicial scheme.

As family members have CL privacy right in death images of 18-yr.-old decapitated in auto crash, court erred in sustaining demurrers to invasion of privacy C/A where D officers had emailed graphic photos to family and friends.

As relationship between jailer and prisoner is a special relationship giving rise to duty of care to prisoner, trial court erred in sustaining demurrer to P’s negligence claim based on a lack of duty.

Property management co.'s demurrer w/out leave properly granted where HOA members failed to state claim re fees charged by company for title transfer in home purchases.

General demurrer properly sustained on ground S.F. law does not allow class action suits to recover taxes.

Trial court erred in sustaining bankrupt almond producer's demurrer to complaint where growers had prior lien on almond sale proceeds and pled facts sufficient to state C/As for conversion of proceeds and unfair business practices.

Demurrer properly sustained and case dismissed where gifted 13-yr. did not have right to have his college education paid for under state constitutional free school guarantee.

Ps fail to state C/A as UCC supersedes payee's CL cause of action for negligence where collecting bank accepts check with missing indorsement; Ps' negligence cause of action subsumed in conversion action dictated by UCC.

Currency exchanges need only disclose to customers exchange rate at which they sell foreign currency, not the rate at which they buy it—P could not state C/A for breach of fiduciary duty or improperly advertising rate of exchange.

Demurrers to complaint against electricity market restructurers properly sustained as damages not recoverable under UCL, and P alleged no viable theory for restitution or injunctive relief.

Where subsidiary satisfied obligation to employee by securing WC, employee can't hold parent corp. liable for harm suffered during employment unless parent corp.'s acts of negligence separate from those of subsidiary.

Demurrer properly sustained where P failed to state cause of action for statutory violation in Intuit software rebate offer.

Pharmaceutical company had no duty to advise consumers that TB test contained animal products.

Allegation that store improperly requested personal identification information from its customers was sufficient to state a viable cause of action for Song-Beverly Credit Card Act violation.

Ds’ demurrer properly sustained where declaratory relief action barred by res judicata because of earlier declaratory judgment that P not entitled to relief from same Ds.

Trial court erred in sustaining demurrer where P adequately pleaded facts supportive of theory he was entitled to claim an easement appurtenant by implication on Ds’ property.

State Constitution and Title VII are sources of well-established and fundamental public policy sufficient to support P’s common law cause of action for wrongful termination; demurrer for D reversed.

Demurrer proper where Ds' attorneys fees collection actions privileged under Civ. Code §47 (b); appeal doesn't stay collection efforts.

To state cause of action for breach of implied-in-fact contract, P must plead facts which, if proved, may be sufficient for jury to find implied agreement, including term in dispute.

Demurrers properly sustained without leave to amend where P named wrong public entity, as D and no number of amendments could have changed fact.

Although P’s complaint was not "model pleading," sustaining general demurrer held improper because complaint validly stated 4 causes of action.

Demurrer for failure to state cause of action improper as sheriffs had special relationship with suicidal inmate and family, giving rise to duty to warn of pending release.

Gen’l demurrer for failure to state cause of action and res judicata properly sustained in quiet title re liability of separate property to satisfy judgment where liability conclusively litigated in prior action.

As against gen’l demurrer, complaint sufficient if facts show P entitled to some form of judicially cognizable relief, regardless of whether proper relief sought.

Gen’l demurrer to property damage complaint properly sustained for failure to state cause of action where P failed to allege right to ownership or possession of damaged condo.

Failure to state cause of action is grounds for general demurrer.

Demurrer proper where mother could not prove damages from attorney negligence; minor son's ins. settlement could not be structured so son could make mother sole beneficiary on his death.

Demurrers and dismissal proper where P homeowners couldn't state C/A for Malibu & L.A. County's failure to provide fire protection service as they had statutory governmental immunity.

P did not state C/A against bank for breach of restrictive endorsement as check endorsed "for deposit only" can be deposited into anybody's account at any bank.