PRETRIAL ADJUDICATION
...Demurrers
......Ruling on Demurrer
.........Sustain w/o LTA: Appeal
8 Cards On This Topic:

Limitations period for legal malpractice under CCP 340.6 tolled as to atty but NOT as to atty's former law firm while atty continues to represent client in same specific subject matter in which alleged malpractice occurred.

Ralphs did not violate CA wage-protection laws by providing supplementary compensation to reward employees, over and above regular wages, if their collective efforts produced positive financial result for specific store.

Abuse of discretion to dismiss without leave where possibility defect curable is reviewable on appeal even in absence of request for leave to amend.

Demurrers improperly sustained without leave to amend upon the lack of allegations in plaintiff's first amended complaint where his other court submissions proposed facts sufficient to sustain his cause of action.

Where it was apparent that despite the caption, the AG sued on behalf of the City, not the State, leave to amend should have been granted to substitute the real party in interest.

CCP 340.6(a) tolled 1-yr. limitations period in legal malpractice action while atty absent from CA; leave to amend granted for this C/A but denied for malicious prosecution indemnity C/A.

When demurrer is sustained without leave to amend solely by virtue of SOL, and time for direct attack on judgment has passed, the case is final, but not 'litigated to finality' under CCP 340.9 (d)(1) and P's lawsuit revived.

Unfair Competition Act allows actions by private Ps for violations of licensing requirements for insurance & auto agent/dealers-where complaint deficient, leave to amend should have been granted.