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

151-175 of 615 results

TEENA COLEBROOK V. CIT BANK, N.A.

A dismissal for failure to state a claim under Federal Rule of Civil Procedure section 12(b)(6) is a judgment on the merits barring further adjudication of the claim. (Boccardo v. Safeway Stores, Inc. (1982) 134 Cal.App.3d 1037, 1042.) Plaintiff’s 2011 Action, 2014 Action, and 2015 Action were all dismissed on the merits. Plaintiff did not appeal the 2011 Action, and the dismissals of the 2014 and 2015 Actions were affirmed on appeal.

  • Hearing

    Sep 11, 2019

LEARNING ALLY, INC. V. PENINSULA ENDOWMENT

Accordingly, the demurrer to the fourth cause of action is SUSTAINED WITH 10 DAYS’ LEAVE TO AMEND after service of this signed order for failure to state a claim. (See City of Stockton (2007) 42 Cal.4th 730, 747 [where plaintiff has not had opportunity to amend complaint in response to demurrer, “leave to amend is liberally allowed as a matter of fairness unless the complaint shows on its face that it is incapable of amendment”].)

  • Hearing

    Aug 29, 2019

KEN THOMAS VS. JACK FERRA

Overrule Defendants' demurrer for failure to state a claim to the second, fourth, and eleventh causes of action. . It is apparent from exhibits attached to the FAC as well as reasonable inferences from Plaintiff's allegations that the partnership between Plaintiff and Ferra referenced in the FAC is Verde. In other words, contrary to Defendants' assertion, there is only one partnership entity alleged in the complaint, and that partnership is Verde.

  • Hearing

    Aug 29, 2019

KEN THOMAS VS. JACK FERRA

Overrule Defendants' demurrer for failure to state a claim to the second, fourth, and eleventh causes of action. . It is apparent from exhibits attached to the FAC as well as reasonable inferences from Plaintiff's allegations that the partnership between Plaintiff and Ferra referenced in the FAC is Verde. In other words, contrary to Defendants' assertion, there is only one partnership entity alleged in the complaint, and that partnership is Verde.

  • Hearing

    Aug 29, 2019

CHAD TANNER VS. SKY HIGH CAMARILLO LLC

Overrule Defendant's demurrer for failure to state a claim Discussion Demurrer for Uncertainty "A demurrer for uncertainty is strictly construed, even where a complaint is in some respects uncertain, because ambiguities can be clarified under modern discovery procedures." (Khoury v. Maly's of California, Inc. (1993) 14 Cal.App.4th 612, 616.)

  • Hearing

    Aug 23, 2019

HIGHLAND PM, LLC VS CITY PLAZA ESCONDIDO LLC

RULING ON DEMURRER (by Alleged Alter Ego Zion) The alleged Alter Ego demurs to the General Contractor's Third Amended Complaint on grounds of failure to state a claim (Code of Civil Procedure § 430.10(e)) and on grounds of uncertainty (Code of Civil Procedure § 430.10(f)). The General Contractor's allegations largely target the Owner – City Plaza, LLC.

  • Hearing

    Aug 22, 2019

  • Type

    Contract

  • Sub Type

    Breach

MARKELL VS. AMERICAN ADVISORS GROUP

Much of AAG’s cited authority is rulings from federal courts deciding motions to dismiss for failure to state a claim under FRCP 12(b)(6). Rule 12(b)(6), of course, has no application in the California courts, nor do decisions such as Bell Atlantic Corp. v. Twombly (2007) 550 U.S. 444 (Twombly) or Ashcroft v. Iqbal (2009) 556 U.S. 662 (Iqbal) that set forth federal pleading standards.

  • Hearing

    Aug 16, 2019

LANOTTE V. PAINTBRUSH, LLC, ET AL.

Third Cause of Action – Elder Abuse (Senior and Paintbrush) All defendants demurer to the third cause of action for failure to state a claim, specifically for failure to plead the elements of the claim with specificity. Paintbrush also specially demurs on uncertainty. Neglect: The Elder Abuse Act (section 15600 et seq.) is intended “to protect a particularly vulnerable portion of the population from gross mistreatment in the form of abuse and custodial neglect.” (Delaney v.

  • Hearing

    Aug 16, 2019

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

RAMIRO VALADEZ VS. SAILS GROUP INC

(11) Thus, Coleman's general demurrer on the basis of failure to state a claim is SUSTAINED WITHOUT LEAVE TO AMEND as to all causes of action against her. (12) The Court DENIES plaintiffs leave to amend as to any and all of the causes of action against Coleman. The Court concludes there is no reasonable possibility the pleading could be amended to state a claim against Coleman.

  • Hearing

    Aug 15, 2019

RAMIRO VALADEZ VS. SAILS GROUP INC

(11) Thus, Coleman's general demurrer on the basis of failure to state a claim is SUSTAINED WITHOUT LEAVE TO AMEND as to all causes of action against her. (12) The Court DENIES plaintiffs leave to amend as to any and all of the causes of action against Coleman. The Court concludes there is no reasonable possibility the pleading could be amended to state a claim against Coleman.

  • Hearing

    Aug 15, 2019

RAMIRO VALADEZ VS. SAILS GROUP INC

(11) Thus, Coleman's general demurrer on the basis of failure to state a claim is SUSTAINED WITHOUT LEAVE TO AMEND as to all causes of action against her. (12) The Court DENIES plaintiffs leave to amend as to any and all of the causes of action against Coleman. The Court concludes there is no reasonable possibility the pleading could be amended to state a claim against Coleman.

  • Hearing

    Aug 15, 2019

THE FOLB PARTNERSHIP ET AL VS CITY OF LOS ANGELES

Failure to State a Claim as a Matter of Law: The City argues that Folb-Plaintiff’s claim fails as a matter of law because the signage regulation prohibits off-site wall signs. Plaintiffs applied for wall sign permits in Sunset Boulevard, whose governing ordinance is Amended Hollywood SUD (“Hollywood”).

  • Hearing

    Aug 13, 2019

  • Type

    Employment

  • Sub Type

    Discrimination/Harass

BAXTER, BAILEY, & ASSOCIATES, INC., A CORPORATION, AN ASSIGNEE OF TWIN EXPRESS AND JSK LOGISTICS VS HIGHWAY ONE LOGISTICS, INC., A FLORIDA CORPORATION ET AL.

On April 19, 2019, Defendant Gold Bell, Inc. filed a demurrer to all of Plaintiff’s causes of action for failure to state a claim, Code of Civil Procedure section 430.10(e), arguing that 49 U.S.C. § 13706 and the cases interpreting it—specifically Oak Harbor Freight Lines, Inc. v. Sears Roebuck, & Co. (2008) 513 F. 3d 949—do not give rise to a claim against Defendant because the goods transferred were “exempt” commodities. On May 16, 2019, Plaintiff filed its opposition.

  • Hearing

    Aug 12, 2019

  • Judge

    George J. Abdallah

  • County

    San Joaquin County, CA

PETITION OF FIRST CHRISTIAN CHURCH OF VENTURA

With respect to the first and fourth causes of action for injunctive relief and declaratory relief, the Court sua sponte moves for judgment on the pleadings on the ground of failure to state a claim (see CCP, § 438, subds. (b)(2) & (c)(3)(B)(ii)). The Court GRANTS its own motion for judgment on the pleadings as to the first and fourth causes of action, with leave to amend to allow Petitioner to name defendant(s)/respondent(s) against whom relief is sought.

  • Hearing

    Aug 06, 2019

PETITION OF FIRST CHRISTIAN CHURCH OF VENTURA

With respect to the first and fourth causes of action for injunctive relief and declaratory relief, the Court sua sponte moves for judgment on the pleadings on the ground of failure to state a claim (see CCP, § 438, subds. (b)(2) & (c)(3)(B)(ii)). The Court GRANTS its own motion for judgment on the pleadings as to the first and fourth causes of action, with leave to amend to allow Petitioner to name defendant(s)/respondent(s) against whom relief is sought.

  • Hearing

    Aug 06, 2019

JANE DOE VS SIMI VALLEY UNIFIED SCHOOL DIST

SVUSD's demurrer to the second cause of action in the FAC on the ground of failure to state a claim is SUSTAINED with leave to amend. SVUSD persuasively argues that Plaintiff fails to allege particular facts to support these causes of action as required; the allegations in the FAC are too conclusory. Notably, with respect to the mandatory duties in Ed.

  • Hearing

    Aug 02, 2019

JANE DOE VS SIMI VALLEY UNIFIED SCHOOL DIST

SVUSD's demurrer to the second cause of action in the FAC on the ground of failure to state a claim is SUSTAINED with leave to amend. SVUSD persuasively argues that Plaintiff fails to allege particular facts to support these causes of action as required; the allegations in the FAC are too conclusory. Notably, with respect to the mandatory duties in Ed.

  • Hearing

    Aug 02, 2019

HOSKINS VS. RODGERS LAND

Defendants have demurred to each cause of action for the failure to state a claim. On the first three causes of action, Defendants argue that the amended complaint is a sham pleading and the statute of limitations has expired. On the first claim for fraud, Defendants also argue that reliance has not been alleged. As to the fourth claim, Defendants argue that Plaintiffs are not shareholders of Rodgers Land Development (“the Company” or “RLD”) and therefore, are not entitled to inspect its records.

  • Hearing

    Jul 24, 2019

LYNDA YAO V. KIA MOTORS AMERICA, INC.

The demurrer to the seventh cause of action is SUSTAINED WITH 10 DAYS’ LEAVE TO AMEND for failure to state a claim. (See City of Stockton v. Super Ct. (2007) 42 Cal.4th 730, 747 [where plaintiff has not had opportunity to amend complaint in response to demurrer, “leave to amend is liberally allowed as a matter of fairness unless the complaint shows on its face that it is incapable of amendment”].)

  • Hearing

    Jul 18, 2019

  • Judge

    Presiding

  • County

    Santa Clara County, CA

CAVALRY SPV I LLC VS. KOULINICH

Any objection for failure to state a claim, which is construed as a motion for judgment on the pleadings (CCP, § 438), lacks merit because Plaintiff has sufficiently alleged facts to show that it is the debt buyer with standing to sue to collect the debt, and has alleged sufficient facts to support the common counts of account stated and money lent.

  • Hearing

    Jul 18, 2019

MCKAY VS BIO CLEAN ENVIRONMENTAL SERVICES INC

Defendants' demurrer to the fourth cause of action for interference with economic relationship is sustained for uncertainty and failure to state a claim. Plaintiff did not oppose the demurrer to this cuase of action. Defendants' demurrer to the seventh cause of action for defamation is sustained, with leave to amend. The allegations need to state whether they were oral or written.

  • Hearing

    Jul 11, 2019

  • Type

    Employment

  • Sub Type

    Other Employment

BERMAN VS. KACKLEY

Defendants demur to each cause of action in the TAC for the failure to state a claim pursuant to Code of Civil Procedure §430.10(e). Defendants make two arguments. First, Defendants argue that the second and third causes of action for fraud and negligent misrepresentation fail because there are no allegations showing the trustee relied on statements from the Defendants. Second, Defendants argue that the allegations against Mark Kackley for alter ego liability are insufficient.

  • Hearing

    Jul 10, 2019

FERNANDO HERNANDEZ VS GEORGE "FRANK" ALVAREZ

to State a Claim Upon Which Relief Can Be Granted, Unclean Hands, Merger Doctrine, Promissory Estoppel, Unjust Enrichment, Judicial Estoppel, Breach of Contract, Anticipatory Breach of Contract, Complete Performance, No Actual Injury, Ratification, Comparative Fault of Third Parties, Waiver, False Claims, Fraudulent Inducement, Contribution and Indemnification, Failure to Mitigate, Statute of Limitations, Offset, Good Faith, Lack of Causation, Statute of Frauds and Reservation of Defenses.

  • Hearing

    Jul 10, 2019

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

JANET LENK VS. THE COLONY AT MANDALAY BEACH

The Colony's demurrer for failure to state a claim to the third cause of action is OVERRULED. The contract language at issue is ambiguous because it both refers to "losses and damages to the Protected Premises" and suffered by The Colony "or any third party." (X-Compl., ¶ 18.) Since "any third party" cannot have suffered a loss or damage to the premises, the contract is ambiguous as to whether it includes other personal injuries suffered by third parties.

  • Hearing

    Jul 03, 2019

JANET LENK VS. THE COLONY AT MANDALAY BEACH

The Colony's demurrer for failure to state a claim to the third cause of action is OVERRULED. The contract language at issue is ambiguous because it both refers to "losses and damages to the Protected Premises" and suffered by The Colony "or any third party." (X-Compl., ¶ 18.) Since "any third party" cannot have suffered a loss or damage to the premises, the contract is ambiguous as to whether it includes other personal injuries suffered by third parties.

  • Hearing

    Jul 03, 2019

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