ONCALL
...PreTrial Adjudication
......Demurrers
21 Cards On This Topic:

Demurrers improperly sustained without leave to amend upon the lack of allegations in plaintiff's first amended complaint where his other court submissions proposed facts sufficient to sustain his cause of action.

Demurrer improperly sustained without leave to amend where plaintiff suffered economic injury due to defendant's false former price representation.

Demurrer properly sustained without leave to amend where defect could not be cured by amendment, and where law of the case doctrine did not apply because trial ct. ruled only that plaintiffs could potentially amend.

Plaintiffs may successfully request leave to amend their complaint for the first time on appeal where proposed amended complaint fixed misjoinder issue.

Trial ct. sustaining demurrer without leave to amend was proper where plaintiff's writ petition was not filed within 30 days of state agency's mailing of its "immediately effective" decision.

Demurrer erroneously sustained without leave to amend where judgment in prior action was not on the merits and subsequent action was not barred by statute of limitations.

Demurrer properly sustained without leave to amend where self-storage company was not required by law to have an insurance license to sell a property protection plan to its customers.

Leave to amend properly denied upon sustained demurrer where cross-complainant did not demonstrate his pleading could be cured.

Demurrer improperly sustained without leave to amend where plaintiff made allegations that would sustain his cause of action in his opposition papers, and attached supporting evidence in two requests for judicial notice.

Plaintiff is imprisoned on a criminal charge within the two-year tolling provision of CCP §352.1 only if he is serving a term of imprisonment in state prison, and not if he is in pretrial custody in county jail.

Demurrer improperly sustained without leave to amend where plaintiff's complaint raised triable issues of fact.

Demurrer improperly sustained where drug manufacturer breached its duty to warn about drug even though (1) injured parties were prescribed a generic version, and (2) manufact. sold its rights to the drug six years before parties’ injury.

Demurrer improperly sustained on res judicata grounds because prior judgment based on statute of limitations was not on the merits.

In shareholder derivative suit, corporation's demurrer should have been sustained where plaintiffs did not allege demand futility as to D's board as comprised at the time of filing of second amended complaint.

Demurrer properly sustained without leave to amend where plaintiff did not exhaust its administrative remedies.

Defendant properly requested dismissal based on inconvenient forum in its demurrer; forum issues do not require a separate motion.

In professional negligence case, relation back doctrine cannot cure plaintiff's failure to include a certificate of merit with his initial complaint.

CCP §1170 allows a defendant in an unlawful detainer action to either answer or demur, and a court cannot limit defendant to an answer.

In suit for asbestos-related disease, claim must be presented to a government entity within six months of the date the plaintiff discovered or reasonably should have discovered her injury.

Former maker of brand-name asthma med may be liable in negligence for injuries sustained by twins in utero after mother used a generic form of the medication 6 years after company sold its interests in it.

Where Ps had more facts to add on the issue of a doctor's duty of care, and additional facts could cure the problems presented by the complaint, the trial court erred by denying them leave to amend.