What is a Motion for Failure to State A Claim?

A “motion to dismiss for failure to state a claim upon which relief may be granted” is a procedural label used in federal court, not California court. The state-court equivalents are a demurrer, or a motion for judgment on the pleadings. Code of Civ. Proc., §§430.10, 438.

The function of a demurrer is to test the legal sufficiency of a pleading. Trs. Of Capital Wholesale Elec. Etc. Fund v. Shearson Lehman Bros. (1990) 221 Cal.App.3d 617, 621. Consequently, “[a] demurrer reaches only to the contents of the pleading and such matters as may be considered under the doctrine of judicial notice.” South Shore Land Co. v. Petersen (1964) 226 Cal.App.2d 725, 732. “It is not the ordinary function of a demurrer to test the truth of the plaintiff’s allegations or the accuracy with which he describes the defendant’s conduct.... [T]he facts alleged in the pleading are deemed to be true, however improbable they may be.” Align Technology, Inc. v. Tran (2009) 179 Cal.App.4th 949, 958.

“Judgment on the pleadings is akin to a demurrer and is properly granted only if the complaint does not state facts sufficient to state a cause of action against that defendant. The grounds for the motion must appear on the face of the complaint, and in any matters subject to judicial notice. The court accepts as true all material factual allegations, giving them a liberal construction, but it does not consider conclusions of fact or law, opinions, speculation, or allegations contrary to law or judicially noticed facts.” Shea Homes Limited Partnership v. County of Alameda (2003) 110 Cal.App.4th 1246, 1254.

It is an abuse of discretion for the court to deny leave to amend where there is any reasonable possibility that plaintiff can state a good cause of action. Goodman v. Kennedy (1976) 18 Cal.3d 335, 349. The burden is on the plaintiff to show in what manner he or she can amend the complaint, and how that amendment will change the legal effect of the pleading. Medina v. Safe-Guard Products (2008) 164 Cal.App.4th 105, 112.

For more see Demurrer and Motion for Judgment on the Pleadings.

Useful Rulings on Motion for Failure to State A Claim

Recent Rulings on Motion for Failure to State A Claim

BASKARAN VS COASTAL PULMONARY ASSOCIATES

The Court should sustain a demurrer for failure to state a claim only if the Court concludes from the face of the amended complaint, and any matters as to which the Court takes judicial notice, that defendants are entitled to judgment as a matter of law. Applying these standards, the Court is not persuaded that the allegations contained in the amended complaint fail to state facts sufficient to constitute a cause of action.

  • Hearing

    Jul 30, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Medical Malpractice

BASKARAN VS COASTAL PULMONARY ASSOCIATES

The Court should sustain a demurrer for failure to state a claim only if the Court concludes from the face of the amended complaint, and any matters as to which the Court takes judicial notice, that defendants are entitled to judgment as a matter of law. Applying these standards, the Court is not persuaded that the allegations contained in the amended complaint fail to state facts sufficient to constitute a cause of action.

  • Hearing

    Jul 30, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Medical Malpractice

ETHEL MATTHEWS VS RESMAE MORTGAGE CORPORATION, ET AL.

Failure to State a Claim STGC also argues that Plaintiff fails to allege sufficient facts to state a claim against STGC. (Demurrer, pgs. 16-22.) Fraud (2nd COA) Plaintiff failed to allege sufficient facts to state a fraud cause of action against STGC. Plaintiff fails to allege any conduct by STGC with requisite specificity and, moreover, Plaintiff wholly fails to allege the requisite elements of the cause of action.

  • Hearing

    Jul 27, 2020

  • Type

    Real Property

  • Sub Type

    other

(NO CASE NAME AVAILABLE)

Finally, “failure to state a warranty claim under state law necessarily constitutes a failure to state a claim under Magnuson-Moss.” (Daugherty v. American Honda Motor Co., Inc. (2006) 144 Cal.App.4th 824, 833.)

  • Hearing

    Jul 24, 2020

BASKARAN VS COASTAL PULMONARY ASSOCIATES

The Court should sustain a demurrer for failure to state a claim only if the Court concludes from the face of the amended complaint, and any matters as to which the Court takes judicial notice, that defendants are entitled to judgment as a matter of law. Applying these standards, the Court is not persuaded that the allegations contained in the amended complaint fail to state facts sufficient to constitute a cause of action.

  • Hearing

    Jul 23, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Medical Malpractice

BASKARAN VS COASTAL PULMONARY ASSOCIATES

The Court should sustain a demurrer for failure to state a claim only if the Court concludes from the face of the amended complaint, and any matters as to which the Court takes judicial notice, that defendants are entitled to judgment as a matter of law. Applying these standards, the Court is not persuaded that the allegations contained in the amended complaint fail to state facts sufficient to constitute a cause of action.

  • Hearing

    Jul 23, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Medical Malpractice

ALONZO JOSEPH VS SGT A HERNANDEZ CO M MURILLO

District Court Eastern Division Case No. 2:12cv 1935: Case filed July 24, 2012 as prisoner civil rights case and dismissed on September 22, 2016 for failure to state a claim. (Exs. Y, Z) Defendant has shown there are insufficient facts to support recovery by the plaintiff on his legal theories of negligence and intentional tort. (See, Devereaux v. Latham & Watkins (1995) 32 Cal.App.4th 1571, 1582-83 disapproved of by Moran v.

  • Hearing

    Jul 23, 2020

  • Type

    Other

  • Sub Type

    Intellectual Property

ALONZO JOSEPH VS SGT A HERNANDEZ CO M MURILLO

District Court Eastern Division Case No. 2:12cv 1935: Case filed July 24, 2012 as prisoner civil rights case and dismissed on September 22, 2016 for failure to state a claim. (Exs. Y, Z) Defendant has shown there are insufficient facts to support recovery by the plaintiff on his legal theories of negligence and intentional tort. (See, Devereaux v. Latham & Watkins (1995) 32 Cal.App.4th 1571, 1582-83 disapproved of by Moran v.

  • Hearing

    Jul 23, 2020

  • Type

    Other

  • Sub Type

    Intellectual Property

CAMBLIN STEEL SERVICE VS ADVANCED REINFORCING COMPANY

The Court should sustain a demurrer for failure to state a claim only if the Court concludes from the face of the complaint, and any matters as to which the Court takes judicial notice, that defendants are entitled to judgment as a matter of law. Applying these standards, the Court is not persuaded that the allegations contained in the complaint fail to state facts sufficient to constitute a cause of action. The factual details of plaintiff's claims may be explored through discovery.

  • Hearing

    Jul 23, 2020

  • Type

    Contract

  • Sub Type

    Breach

BASKARAN VS COASTAL PULMONARY ASSOCIATES

The Court should sustain a demurrer for failure to state a claim only if the Court concludes from the face of the amended complaint, and any matters as to which the Court takes judicial notice, that defendants are entitled to judgment as a matter of law. Applying these standards, the Court is not persuaded that the allegations contained in the amended complaint fail to state facts sufficient to constitute a cause of action.

  • Hearing

    Jul 23, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Medical Malpractice

BASKARAN VS COASTAL PULMONARY ASSOCIATES

The Court should sustain a demurrer for failure to state a claim only if the Court concludes from the face of the amended complaint, and any matters as to which the Court takes judicial notice, that defendants are entitled to judgment as a matter of law. Applying these standards, the Court is not persuaded that the allegations contained in the amended complaint fail to state facts sufficient to constitute a cause of action.

  • Hearing

    Jul 23, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Medical Malpractice

CAMBLIN STEEL SERVICE VS ADVANCED REINFORCING COMPANY

The Court should sustain a demurrer for failure to state a claim only if the Court concludes from the face of the complaint, and any matters as to which the Court takes judicial notice, that defendants are entitled to judgment as a matter of law. Applying these standards, the Court is not persuaded that the allegations contained in the complaint fail to state facts sufficient to constitute a cause of action. The factual details of plaintiff's claims may be explored through discovery.

  • Hearing

    Jul 23, 2020

  • Type

    Contract

  • Sub Type

    Breach

SUB CORPORATION, LTD V. CITY OF SAN LUIS OBISPO FIRE DEPARTMENT

Because the claim is barred by the statute of limitations, the Court will not address Defendants further arguments as to uncertainty and failure to state a claim. Conclusion The Court will sustain Defendants’ demurrer without leave to amend.

  • Hearing

    Jul 22, 2020

ATTILA CSUPO, ET AL. V. ALPHABET, INC.

Before the Court is Google’s demurrer to both claims alleged in the operative Amended Complaint for failure to state a claim. (See Code Civ. Proc., § 430.10, subd. (e).) Plaintiffs oppose the demurrer. I. Allegations of the Operative Complaint Google owns and programs the most popular mobile platform in the world, the Android operating system. (Amended Complaint, ¶ 17.) Android works on a variety of mobile devices, including smartphones and tablets. (Ibid.)

  • Hearing

    Jul 17, 2020

RAMIREZ VS VELASQUEZ INTERIORS LLC

Defendants demur on the sole ground of failure to state a claim. (CCP § 430.10(e).) Merits of Demurrer Before addressing the merits of the arguments made by the parties, the Court briefly notes that there is little discussion of the appropriate legal standard to apply in determining whether Plaintiff was an employee or an independent contractor working for Defendants. Neither party cites either of the seminal cases in this area – Dynamex Operations West, Inc. v.

  • Hearing

    Jul 16, 2020

  • Type

    Employment

  • Sub Type

    Other Employment

KAREN G. PETROSOV, ET AL. VS MICHAEL CHARLES JOSEPH, ET AL.

Re: Failure To State A Claim Against Defendant Golden West. Defendant argues that there are no facts pled to meet the elements of this cause of action as against Golden West.

  • Hearing

    Jul 16, 2020

  • Type

    Real Property

  • Sub Type

    Quiet Title

BRUCE A ARONSON VS KIA MOTORS AMERICA, INC

Accordingly, the Daugherty court held that the “failure to state a warranty claim under state law necessarily constitute[s] a failure to state a claim under Magnuson-Moss.” (Id.) Here, Kia argues that Plaintiff cannot state a claim under the Song-Beverly Act as a matter of law because Plaintiff did not buy the vehicle at issue in California.[1] (Cummins, Inc. v. Super. Ct. (2005) 36 Cal. 4th 478 (490-91) (a vehicle must be purchased in California for the Song-Beverly Act to apply)).

  • Hearing

    Jul 10, 2020

KATIE O CONNELL MARSH VS GAUMONT TELEVISION USA LLC

On January 17, 2020, Defendants filed their answer to the SAC asserting the following affirmative defenses: (1) failure to state a claim; (2) breach of confidentiality; (3) statute of limitations; (4) unclean hands; (5) estoppel; (6) waiver; (7) failure to mitigate damages; (8) no damages; (9) good faith; (10) consent, authorization or ratification; (11) laches; (12) acquiescence; (13) breach of contract; (14) no proximate cause/intervening and superseding cause; (15) excuse; (16) bad faith; (17) equitable estoppel

  • Hearing

    Jul 10, 2020

BRUCE A ARONSON VS KIA MOTORS AMERICA, INC

Accordingly, the Daugherty court held that the “failure to state a warranty claim under state law necessarily constitute[s] a failure to state a claim under Magnuson-Moss.” (Id.) Here, Kia argues that Plaintiff cannot state a claim under the Song-Beverly Act as a matter of law because Plaintiff did not buy the vehicle at issue in California.[1] (Cummins, Inc. v. Super. Ct. (2005) 36 Cal. 4th 478 (490-91) (a vehicle must be purchased in California for the Song-Beverly Act to apply)).

  • Hearing

    Jul 10, 2020

KEENAN VS. LEEDS

The Court should sustain a demurrer for failure to state a claim only if the Court concludes from the face of the complaint, and any matters as to which the Court takes judicial notice, that defendants are entitled to judgment as a matter of law. Applying these standards, the Court is not persuaded that the allegations contained in the complaint fail to state facts sufficient to constitute a cause of action. The factual details of plaintiffs' claims may be explored through discovery.

  • Hearing

    Jul 09, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

BASKARAN VS COASTAL PULMONARY ASSOCIATES

The Court should sustain a demurrer for failure to state a claim only if the Court concludes from the face of the amended complaint, and any matters as to which the Court takes judicial notice, that defendants are entitled to judgment as a matter of law. Applying these standards, the Court is not persuaded that the allegations contained in the complaint fail to state facts sufficient to constitute a cause of action.

  • Hearing

    Jul 09, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Medical Malpractice

DOE VS SAN DIEGO UNIFIED SCHOOL DISTRICT

TENTATIVE RULING Defendant San Diego Unified School District's unopposed demurrer to the complaint and each cause of action in plaintiff Jane Doe I's complaint is sustained based upon uncertainty and failure to state a claim, with leave to amend. Any amended complaint must be filed and served within 10 days of service of the final ruling.

  • Hearing

    Jul 09, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

BASKARAN VS COASTAL PULMONARY ASSOCIATES

The Court should sustain a demurrer for failure to state a claim only if the Court concludes from the face of the amended complaint, and any matters as to which the Court takes judicial notice, that defendants are entitled to judgment as a matter of law. Applying these standards, the Court is not persuaded that the allegations contained in the complaint fail to state facts sufficient to constitute a cause of action.

  • Hearing

    Jul 09, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Medical Malpractice

BASKARAN VS COASTAL PULMONARY ASSOCIATES

The Court should sustain a demurrer for failure to state a claim only if the Court concludes from the face of the amended complaint, and any matters as to which the Court takes judicial notice, that defendants are entitled to judgment as a matter of law. Applying these standards, the Court is not persuaded that the allegations contained in the complaint fail to state facts sufficient to constitute a cause of action.

  • Hearing

    Jul 09, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Medical Malpractice

PATEL M.D. VS. JELD-WEN, INC.

Co. (1991) 2 Cal.App.4th 153,159) The demurrer is sustained, with leave to amend, based on the grounds of the statute of limitations, lack of specificity, and failure to state a claim on which relief can be granted to the extent the claim is based on promise made without intent to perform.

  • Hearing

    Jul 08, 2020

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