What is a Demurrer?

Useful Rulings on Demurrer

Recent Rulings on Demurrer

1-25 of 10000 results

ANGELA WATSON VS GILBERT A. CABOT

(Demurrer 13:9-12.)

  • Hearing

    Oct 20, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

ARMEN G KOJIKIAN ET AL VS AMERICAN HONDA MOTOR CO INC

On August 24, 2016, AHM filed a demurrer pursuant to California Code of Civil Procedure section 430.10 to the claims asserted in Plaintiffs’ First Amended Class Action Complaint (“FAC”) and moved to strike the nationwide class allegations in Plaintiffs’ FAC.

  • Hearing

    Oct 15, 2020

ESTATE OF KATHERINE L LOFORTE-DELGADILLO

RE: CASE MANAGMENT (CONSOLIDATED CASE) SET BY JUDGE FANNIN ON 9/25/19 DEMURRER ORDER PROBATE EXAMINER NOTES-SUBJECT TO REVISION AFTER REVIEW BY THE JUDGE Need appearances to report status PROBATE EXAMINER NOTES-SUBJECT TO REVISION AFTER REVIEW BY THE JUDGE Need appearances Note: It appears this petition is moot.

  • Hearing

    Oct 08, 2020

  • Judge

    George

  • County

    Contra Costa County, CA

WANDA NELSON V. SANTA BARBARA COUNTY SHERIFFS OFFICE, ET AL.

Nature of Proceedings: Demurrer First Amended Complaint Tentative

  • Hearing

    Oct 05, 2020

YOEL TRUJANO VS ASPIRE PUBLIC SCHOOLS

It is not the function of the demurrer to challenge the truthfulness of the complaint; and for purposes of the ruling on the demurrer, all facts pleaded in the complaint are assumed to be true. (Donabedian, 116 Cal.App.4th at 994.) A demurrer can be used only to challenge defects that appear on the face of the pleading under attack; or from matters outside the pleading that are judicially noticeable. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318; Donabedian, supra, 116 Cal.App.4th at 994.)

  • Hearing

    Oct 05, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

WALTER REYES VS REBCO CRANE & RIGGING SERVICE, INC., A CALIFORNIA CORPORATION, ET AL.

CASE NO: 20STCV09446 [TENTATIVE] ORDER FINDING DEMURRER TO COMPLAINT MOOT Dept. 31 1:30 p.m. October 5, 2020 Defendant, WPIC Construction, LLC filed this demurrer on 5/22/20. The demurrer is directed at Plaintiff’s original complaint, which Plaintiff filed on 3/09/20. On 9/08/20, Plaintiff filed the operative First Amended Complaint rendering the demurrer moot. Therefore, the demurrer is moot and taken off-calendar. Defendant is ordered to give notice.

  • Hearing

    Oct 05, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

AIMEE COLEMAN ET AL VS THE REGENTS OF THE UNIVERSITY OF CALIFORNIA ET AL

Nature of Proceedings: Demurrer and Motion to Strike; Demurrer; Motion: Change Venue; Case Management Conference Tentative Ruling: On its own motion, the Court will continue the hearing on these matters to Friday, October 9, at 10:00 a.m., when the case will be heard by this Court via Zoom. At that time, the Court will specifically address only the motion for change of venue. If that motion is denied, the Court will then reschedule the remaining matters for hearing.

  • Hearing

    Oct 02, 2020

  • Judge Donna Geck
  • County

    Santa Barbara County, CA

AIMEE COLEMAN ET AL VS THE REGENTS OF THE UNIVERSITY OF CALIFORNIA ET AL

Nature of Proceedings: Demurrer and Motion to Strike; Demurrer; Motion: Change Venue; Motion to Quash; Case Management Conference Tentative Ruling: On its own motion, the Court will continue the hearing on these matters to Friday, October 9, at 10:00 a.m., when the case will be heard by this Court via Zoom. At that time, the Court will specifically address only the motion for change of venue. If that motion is denied, the Court will then reschedule the remaining matters for hearing.

  • Hearing

    Oct 02, 2020

  • Judge Donna Geck
  • County

    Santa Barbara County, CA

LITONE LLC VS ADAM UNMUTH

Nature of Proceedings: Demurrer Tentative not yet posted, please check again.

  • Hearing

    Oct 02, 2020

  • Judge Donna Geck
  • County

    Santa Barbara County, CA

AIMEE COLEMAN ET AL VS THE REGENTS OF THE UNIVERSITY OF CALIFORNIA ET AL

Nature of Proceedings: Demurrer and Motion to Strike; Demurrer; Motion: Change Venue; Case Management Conference Tentative not yet posted, please check again.

  • Hearing

    Oct 02, 2020

  • Judge Donna Geck
  • County

    Santa Barbara County, CA

LITONE LLC VS ADAM UNMUTH

The demurrer will be overruled.

  • Hearing

    Oct 02, 2020

  • Judge Donna Geck
  • County

    Santa Barbara County, CA

PAVEL ZAMOSHNIKOV VS. CODE COMPLIANCE OF CITY OF SACRAMENTO

Nature of Proceedings: DEMURRER Following is the Court’s tentative ruling sustaining the demurrer with leave to amend. BACKGROUND Before the Court is a demurrer filed by Respondent City of Sacramento to a petition for writ of mandate filed by Petitioner Pavel Zamoshnikov.

  • Hearing

    Oct 02, 2020

ESMOND VS. THE RICHARD F. CRAWFORD COMPANY

Plaintiff’s arguments as to the merits of the new claims may be raised through a demurrer, motion to strike, motion for summary judgment, or other appropriate motion, which is consistent with the preferred practice to permit an amendment subject to a later motion. Kittredge Sports Co. v. Superior Court (1989) 213 Cal. App. 3d 1045, 1048. Cross-Complainant has complied with CRC Rule 3.1324 and has not unreasonably delayed in bringing this motion. Thus, the proposed amendment will be allowed.

  • Hearing

    Oct 02, 2020

CITY OF EL MONTE VS CHUN C LI, ET AL.

Defendants’ demurrer to the fifth cause of action is overruled.

  • Hearing

    Oct 02, 2020

  • Type

    Real Property

  • Sub Type

    other

GLENDA JOHNSON VS JEREMY NEWMAN, ET AL.

Such an allegation is sufficient to withstand demurrer, as Plaintiff has alleged harassment that may be considered “severe in the extreme.” Based on the foregoing, Defendant’s demurrer to the first cause of action is OVERRULED.

  • Hearing

    Oct 02, 2020

  • Type

    Employment

  • Sub Type

    Other Employment

ARTHUR AMBARACHYAN VS GEORGE PLAVJIAN, ET AL.

In the 4AC, Ambarachyan notes that the Court previously sustained the demurrer without leave to amend as to the 1st, 4th, and 9th causes of action. Thus, the only remaining causes of action are the 2nd, 3rd, 5th, 6th, 7th, and 8th causes of action. B. Motion on Calendar On July 28, 2020, Kakoian filed a motion for protective order to prohibit Plaintiff from taking the deposition of her counsel, H. Jack Kakoian. On September 21, 2020, Ambarachyan filed an opposition.

  • Hearing

    Oct 02, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

  • County

    Los Angeles County, CA

SCOTT ERIC ROSENSTIEL VS CANDACE HOWELL, ET AL.

Relevant Background and Motion on Calendar On July 10, 2020, the Court denied Plaintiff’s motion to strike Defendant’s demurrer to the complaint. The Court also issued an order staying the remainder of the action, including the ruling on Defendant’s demurrer, pending the resolution of the LASC Case No. BC628570 and any related case now before Judge Alarcon. The Court notes that a jury trial is scheduled for April 14, 2021 for the BC628570 case.

  • Hearing

    Oct 02, 2020

  • County

    Los Angeles County, CA

PHAIROH PROMSIRI, ET AL. VS INLAND VALLEY PARTNERS, LLC

Defendant’s demurrer to the third cause of action is sustained. 2. Motion to Strike Based upon the ruling made on the demurrer, the motion to strike is denied as moot.

  • Hearing

    Oct 02, 2020

TARANEH SALJOOGHI VS THE ANSCHUTZ CORP, ET AL.

CASE NO: 20STCV15491 [TENTATIVE] ORDER FINDING DEMURRER AND MOTION TO STRIKE MOOT Dept. 31 1:30 p.m. October 2, 2020 Defendants filed this demurrer and motion to strike on 5/22/20. The demurrer and motion to strike are directed at Plaintiff’s original complaint, which Plaintiff filed on 4/22/20. On 9/21/20, Plaintiff filed the operative First Amended Complaint rendering the demurrer and motion to strike moot.

  • Hearing

    Oct 02, 2020

GERMAIN GREEN, ET AL. VS HYUNDAI MOTOR AMERICA, INC.

Defendant Hyundai Motor America’s Demurrer and Motion to Strike Portions of the Complaint TENTATIVE RULINGS: The demurrer is OVERRULED and the motion to strike is DENIED. Defendant shall file and serve its answer within 10 days. Moving party to give notice. Defendant’s Request for Judicial Notice Defendant filed a request for judicial notice seeking notice of documents filed in six cases but did not specify which documents and did not attach copies of these documents for consideration.

  • Hearing

    Oct 02, 2020

RONALD FECIK VS LRS REALTY & MANAGEMENT, INC., ET AL.

Alternatively, if Count Two – Willful Failure to Warn is considered to be a separate cause of action, the Court sustains the demurrer to that cause of action. Under either theory, Plaintiff has 20 days to amend the complaint. Moving party is ordered to give notice.

  • Hearing

    Oct 02, 2020

KASSANDRA LOPEZ VS FETAL DIAGNOSTIC CENTER OF SOUTHERN CALIFORNIA, AN ENTITY UNKNOWN, ET AL.

Moossazadeh’s demurrer to the sixth cause of action is overruled. Conclusion Moossazadeh’s demurrer to the Cross-Complaint is sustained with leave to amend as to the fourth and fifth causes of action and overruled as to the remainder.

  • Hearing

    Oct 02, 2020

  • Type

    Employment

  • Sub Type

    Wrongful Term

DANNIEL MADRID VS CANDACE HOWELL

Relevant Background and Motion on Calendar On July 10, 2020, the Court denied Plaintiff’s motion to strike Defendant’s demurrer to the TAC. The Court also issued an order staying the remainder of the action, including the ruling on Defendant’s demurrer, pending the resolution of the LASC Case No. BC628570 and any related case now before Judge Alarcon. On July 20, 2020, Plaintiff Madrid filed a motion for relief from stay. The Court is not in receipt of an opposition brief.

  • Hearing

    Oct 02, 2020

  • County

    Los Angeles County, CA

JOEL SILVA-VASQUEZ V. ROGELIO REYNOSO, ET AL.

The Court overruled the demurrer to the seventh and eighth causes of action. And so, the demurrer to the ninth cause of action is also OVERRULED. Footnote 1: Given the nature of Mancini’s argument and the applicable law, Plaintiff’s assertion that certain protections cannot be waived or contracted away is misplaced.

  • Hearing

    Oct 01, 2020

BELCHER V. DAKOTA NOTE, LLC, ET AL.

Footnote 3: After the Court sustained defendant John Trowbridge’s demurrer to the SAC, on September 9, 2020, Plaintiffs filed a third amended complaint.

  • Hearing

    Oct 01, 2020

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