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

176-200 of 615 results

BRUCE C. WILLIAMS V. BAYVIEW SERVICING LOAN, LLC, ET AL.

Accordingly, the demurrer to the sixth cause of action is SUSTAINED for failure to state a claim. Seventh Cause of Action: Quiet Title The seventh cause of action is a claim for quiet title.

  • Hearing

    Jun 27, 2019

MICHAEL GIUFFRIDA VS. THOUSAND OAKS SURGICAL INSTITUTE

., failure to state a claim and uncertainty) – here there is no statutory provision specifically authorizing Defendants to raise grounds for a motion to strike in their Answer. However, §436 allows a trial court to strike any portion of a pleading which is not properly pled "at any time in its discretion."

  • Hearing

    Jun 25, 2019

  • Type

    Employment

  • Sub Type

    Other Employment

GLEN A BARENSFEED VS W CLARK SMITH ET AL

Third Cause of Action (Inverse Condemnation): Failure To State a Claim. Defendant also argues that Plaintiff’s cause of action for inverse condemnation fails to state a claim on which relief may be granted. Under the California Constitution, article I, section 19, property may not be taken or damaged for public use without just compensation to the owner.

  • Hearing

    Jun 20, 2019

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

PHILLIPS, JEHREMY D. VS. SCHILL, ROBERT SCOTT

As such, federal preemption is not a “waivable” affirmative defense and is tantamount to failure to state a claim, an affirmative defense incidentally that Defendant has already pled. (Code of Civ. Proc. § 430.80; DeTomaso v. Pan American World Airways, Inc. (1987) 43 Cal.3d 517, 520 fn. 1 [“Whether or not tort claims are preempted by the RLA is a question of subject matter jurisdiction (Beers v. Southern Pacific Transp. Co. (9th Cir.1983) 703 F.2d 425, 429), which cannot be waived. (Summers v.

  • Hearing

    Jun 12, 2019

JAMES DAMORE, ET AL. V. GOOGLE, LLC, ET AL.

Demurrer to or Motion to Strike Class Allegations Associated with the First and Second Causes of Action Under Labor Code Sections 1101 and 1102 Google demurs to the class allegations associated with plaintiffs’ claims under Labor Code sections 1101 and 1102—which are the remaining claims asserted on behalf of the Political Subclass—for failure to state a claim and uncertainty. (Code Civ. Proc., § 430.10, subds. (e) and (f).) Alternatively, it moves to strike allegations related to the Political Subclass.

  • Hearing

    Jun 07, 2019

MAYRA FLORES VS. ROBERT ANEAR

The Court SUSTAINS PAB's and Anear's general demurrers to the Third Cause of Action on the ground of failure to state a claim for relief as pleaded WITH LEAVE TO AMEND.

  • Hearing

    May 24, 2019

MAYRA FLORES VS. ROBERT ANEAR

The Court SUSTAINS PAB's and Anear's general demurrers to the Third Cause of Action on the ground of failure to state a claim for relief as pleaded WITH LEAVE TO AMEND.

  • Hearing

    May 24, 2019

MAYRA FLORES VS. ROBERT ANEAR

The Court SUSTAINS PAB's and Anear's general demurrers to the Third Cause of Action on the ground of failure to state a claim for relief as pleaded WITH LEAVE TO AMEND.

  • Hearing

    May 24, 2019

MAYRA FLORES VS. ROBERT ANEAR

The Court SUSTAINS PAB's and Anear's general demurrers to the Third Cause of Action on the ground of failure to state a claim for relief as pleaded WITH LEAVE TO AMEND.

  • Hearing

    May 24, 2019

THANE CALLENDER PETZOLD VS SCOTT CORLESS, ET AL.

To the extent that the demurrer is based on failure to state a claim against the individual defendants because no specific statements are attributed to them, the Court finds that Petzold has sufficiently alleged such statements. With regard to the common interest privilege, Petzold argues that her defamation claim is based on two sets of defamatory statements.

  • Hearing

    May 22, 2019

  • Type

    Employment

  • Sub Type

    Wrongful Term

BOBBI BARBETH KORSNOVA VS. PREMIER APARTMENTS, LLC, ET AL

RELIEF REQUESTED: Plaintiff/Cross-Defendant Bobbi Barbeth Korsnova requests that the Court sustain the demurrer as to the Fourth, Fifth, and Sixth Causes of Action pursuant to Akpuh’s failure to state a claim per Code of Civ. Proc. §430.10(e) and for each claim’s uncertainty/ambiguity pursuant to Code of Civ. Proc. §430.10(f). DISCUSSION: Standard of Review – The grounds for a demurrer must appear on the face of the pleading or from judicially noticeable matters. Code Civ. Proc. §430.30,(a); Blank v.

  • Hearing

    May 17, 2019

  • Type

    Employment

  • Sub Type

    Discrimination/Harass

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 statute of limitations has expired and that the fraud claim has not been alleged with require specificity. As to the fourth claim, Defendants argue that Plaintiffs are not shareholders of Rodgers Land Development (“the Company”) and therefore, are not entitled to inspect its records.

  • Hearing

    May 15, 2019

TOM MCWILLIAMS VS ALI SETAYESHGAR, ET AL.

RELIEF REQUESTED: Defendant Reza Astaneh (“Astaneh”) moves the Court to sustain a demurrer to the First through Ninth Causes of Action for failure to state a claim and uncertainty. DISCUSSION: Standard of Review – The grounds for a demurrer must appear on the face of the pleading or from judicially noticeable matters. Code Civ. Proc. §430.30,(a); Blank v. Kirwan (1985) 39 Cal.3d 311, 318.

  • Hearing

    Apr 26, 2019

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

BOBBI BARBETH KORSNOVA VS. PREMIER APARTMENTS, LLC, ET AL

RELIEF REQUESTED: Plaintiff/Cross-Defendant Bobbi Barbeth Korsnova requests that the Court sustain the demurrer as to the Fourth, Fifth, and Sixth Causes of Action pursuant to Akpuh’s failure to state a claim per Code of Civ. Proc. §430.10(e) and for each claim’s uncertainty/ambiguity pursuant to Code of Civ. Proc. §430.10(f). DISCUSSION: Standard of Review – The grounds for a demurrer must appear on the face of the pleading or from judicially noticeable matters. Code Civ. Proc. §430.30,(a); Blank v.

  • Hearing

    Apr 26, 2019

  • Type

    Employment

  • Sub Type

    Discrimination/Harass

MANISHKUMAR ANKOLA V. PRIYANKA ANKOLA

In evaluating whether a subsequent motion for judgment on the pleadings was brought “on the same grounds” as a previously overruled demurrer, courts have construed the “grounds” for the demurrer, in a broad sense, as extending to the arguments previously raised in support of the ground of failure to state a claim. (See Farber v.

  • Hearing

    Apr 18, 2019

JOSE L. GUERRA VS. ALICE PAREDES

DEMURRER BASED ON FAILURE TO STATE A CLAIM A. Demurrers to Claims for Equitable Indemnity, Declaratory Relief and Implied Covenant of Good Faith and Fair Dealing In the Complaint in this action Plaintiffs Jose L. Guerra and the Guerra Family Trust assert a claim for breach of contract to sell real property against Alice Paredes.

  • Hearing

    Apr 18, 2019

DENNIS JARVIS VS. PARKS AND RECREATION MANAGEMENT

Accordingly, Cross-Defendant's demurrer for failure to state a claim to the first cause of action for negligence is OVERRULED. Breach of Contract Claim: Cross-Complainant asserts that there was a written contract, and alleges facts about the parties' respective duties under that contract. (FACC, ¶¶ 7-9 & 19.)

  • Hearing

    Apr 17, 2019

  • Type

    Employment

  • Sub Type

    Other Employment

TECHNICOLOR GLOBAL LOGISTICS LLC VS SEREC OF CALIFORNIA ET A

Defendants’ failure to state a claim arguments are improperly brought on this summary adjudication motion. A motion for summary adjudication is brought on grounds that a cause of action has no merit and requires evidence to demonstrate the lack of merit. Code Civ. Proc., § 437c(b), (f). Challenging the pleading for failure to state sufficient facts is thus not a ground for granting summary adjudication. Rather, this argument is more proper on a motion for judgment on the pleadings.

  • Hearing

    Apr 09, 2019

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

RONALD CHINITZ V. APPLE INC., ET AL.

Before the Court is Apple’s demurrer to each cause of action in the operative Amended Class Action Complaint (“FAC”) for failure to state a claim (Code Civ. Proc., § 430.10, subd. (e)), which plaintiff opposes. As an initial matter, defendant failed to file a meet and confer declaration as required by Code of Civil Procedure section 430.41, subdivision (a).

  • Hearing

    Apr 05, 2019

ESPERANZA GARZA V. COSMOPOLITAN CATERING, LLC, ET AL.

Demurrer for Failure to State a Claim LGC’s demurrer for failure to state a claim raises essentially the same issue as to each cause of action in the complaint: according to defendant, plaintiff’s claims are not alleged with adequate specificity because she does not provide “critical factual details regarding core aspects of [her] claims, such as her or the putative class members’ job titles, rates of compensation, locations, tenures, supervisors, … the number of meal breaks allegedly missed, when they were

  • Hearing

    Apr 05, 2019

SANTANDER CONSUMER USA INC VS. SCOTT A LEINS

Exchange's demurrer to the fourth cause of action for breach of contract, the fifth cause of action for contractual indemnity, the sixth cause of action for fraud, and the seventh and eighth causes of action for breach of the covenant of good faith and declaratory relief is sustained, with leave to amend, based upon uncertainty and failure to state a claim. Exchange's demurrer to the fourth cause of action for breach of contract is sustained.

  • Hearing

    Apr 04, 2019

  • Type

    Collections

  • Sub Type

    Collections

SANTANDER CONSUMER USA INC VS. SCOTT A LEINS

Exchange's demurrer to the fourth cause of action for breach of contract, the fifth cause of action for contractual indemnity, the sixth cause of action for fraud, and the seventh and eighth causes of action for breach of the covenant of good faith and declaratory relief is sustained, with leave to amend, based upon uncertainty and failure to state a claim. Exchange's demurrer to the fourth cause of action for breach of contract is sustained.

  • Hearing

    Apr 04, 2019

  • Type

    Collections

  • Sub Type

    Collections

MURPHY VS. SUMMIT FINANCIAL

The Court SUSTAINS the general demurrer for failure to state a claim as to the constructive eviction cause of action WITH LEAVE TO AMEND. As currently pleaded, the First Amended Complaint does not state facts sufficient to establish the elements of a cause of action for constructive eviction. (See Groh v. Kover's Bull Pen (1963) 221 Cal.App.2d 611, 614, 34 Cal.Rptr. 637.) The Court SUSTAINS the general demurrer for failure to state a claim as to the Unruh Civil Rights Act (Civ.

  • Hearing

    Apr 03, 2019

  • Type

    Other

  • Sub Type

    Intellectual Property

MURPHY VS. SUMMIT FINANCIAL

The Court SUSTAINS the general demurrer for failure to state a claim as to the constructive eviction cause of action WITH LEAVE TO AMEND. As currently pleaded, the First Amended Complaint does not state facts sufficient to establish the elements of a cause of action for constructive eviction. (See Groh v. Kover's Bull Pen (1963) 221 Cal.App.2d 611, 614, 34 Cal.Rptr. 637.) The Court SUSTAINS the general demurrer for failure to state a claim as to the Unruh Civil Rights Act (Civ.

  • Hearing

    Apr 03, 2019

  • Type

    Other

  • Sub Type

    Intellectual Property

MURPHY VS. SUMMIT FINANCIAL

The Court SUSTAINS the general demurrer for failure to state a claim as to the constructive eviction cause of action WITH LEAVE TO AMEND. As currently pleaded, the First Amended Complaint does not state facts sufficient to establish the elements of a cause of action for constructive eviction. (See Groh v. Kover's Bull Pen (1963) 221 Cal.App.2d 611, 614, 34 Cal.Rptr. 637.) The Court SUSTAINS the general demurrer for failure to state a claim as to the Unruh Civil Rights Act (Civ.

  • Hearing

    Apr 03, 2019

  • Type

    Other

  • Sub Type

    Intellectual Property

  « first    1 2 3 4 5 6 7 8 9 10 ... 25     last » 

For full print and download access, please subscribe at https://www.trellis.law/.

Please wait a moment while we load this page.