PRETRIAL ADJUDICATION
...Demurrers
......Generally
 23 Cards On This Topic:
  • Function of demurrer to test sufficiency, as matter of law, of allegations in complaint, cross-complaint or answer.
  • Strategic considerations re demurrers.
  • Demurrer lies only for defects that appear on face of pleading or which may be judicially noticed.
  • Plaintiffs asserted a cognizable privacy interest under the CA Const. such that their complaint, challenging CANRA's statutory mandate requiring reporting of patients who admitted to viewing child pornography, survived demurrer.
  • 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.
  • Trial court erred in sustaining D architects' demurrer on ground they owed no duty of care to HO assn. members — architects do owe a duty of care to future homeowners in the design where they are ••principal architect•• on the project.
  • Demurrer properly sustained without leave to amend where defendant smartphone manufacturer did not owe a duty of care to plaintiffs-car accident victims injured or killed while driver was using Apple FaceTime.
  • Demurrer improperly overruled where complaint was properly construed to allege defendant-attorney engaged in conspiracy, and plaintiff did not comply with prefiling requirements of CC §1714.10.
  • Demurrer improperly sustained without leave to amend where plaintiff's complaint raised triable issues of fact.
  • In professional negligence case, relation back doctrine cannot cure plaintiff's failure to include a certificate of merit with his initial complaint.
  • Error to sustain county and sheriff's demurrer to Ps' wrongful death claims where Ps' deceased son not in privity with his convicted cohort at her trial and her conviction did not bar Ps' lawsuit.
  • Demurrer challenges defects on the face of the complaint, and can only refer to matters outside the pleading that are subject to judicial notice.
  • School district must admit children who live on property that lies only partly within district’s geographic boundaries.
  • Holiday extension of CCP 12a does not apply to acts governed solely by contractual provisions and court did not err in sustaining Ds' demurrer.
  • 28 U.S.C. §1367 (d) tolls state SOL during fed. appeal but tolling ceases once dist. ct. affirmed. State statute unaffected by filing of petition for writ of cert. with U.S. Supreme Ct.
  • Function of demurrer is to test sufficiency as matter of law of allegations in complaint, cross-complaint or answer.
  • In ruling on demurrers ct. does not concern itself with difficulties of proof—only whether pleaded facts would justify relief; rules stated.
  • For purposes of demurrer, facts pled and those reasonable arising by implication are deemed true.
  • A cause of action arises out of a primary right and corresponding duty and the breach of such right and duty by the person on whom the duty rests.
  • A cause of action arises out of a primary right and corresponding duty and the breach of such right and duty by the person on whom the duty rests.
  • Defamation action against attorney for letters she wrote for client in prior suit barred by litigation privilege.
  • Affirmative defense must clearly appear on face of complaint in order to support a demurrer.
  • Court’s conclusion on demurrer that SFHA is arm of state for purposes of U.S.C. §1983 was premature and improper.


    •