PRETRIAL ADJUDICATION
...Demurrers
......Ruling on Demurrer
.........General Rules
11 Cards On This Topic:

Rulings on demurrers.

Using judicially noticed documents in ruling on a demurrer is only proper when they are not used to determine disputed factual issues.

Ps claiming hospital and doctor prematurely declared mother dead, placed her in morgue, where she suffered disfiguring injuries trying to escape, then froze to death, may sue; demurrers for Ds reversed.

Where P stated facts sufficient to show employer's refusal to reimburse him for mileage effectively reduced his salary to below minimum wage, P may amend constructive discharge in violation of public policy C/A.

Demurrer to negligence complaint should have been overruled where P adequately alleged she provided the date of the incident to D's representative, complying with government tort claim statute; amended pleading not required.

Trial ct. erred in sustaining Bank's demurrer where complaint adequately stated C/A for negligent misrepresentation and P should have opportunity to amend duplicative negligence C/A.

P stated C/A for aiding and abetting illegal on-line lottery as to 2 Ds, but did not properly allege other Ds' knowledge of the alleged illegal lottery or facts showing substantial assistance or encouragement.

Trial court erred in posting demurrer ruling on internet and denying parties opportunity to orally argue it in open court.

For purposes of demurrer, facts pleaded and those reasonably arising by implication are deemed true.

Demurrer tests only sufficiency of pleadings. Extraneous matters may not be considered.

Error for trial court to sustain demurrer when plaintiff has stated cause of action under any possible legal theory.