PRETRIAL ADJUDICATION
...Demurrers
......Ruling on Demurrer
.........Sustaining With Leave to Amend
12 Cards On This Topic:

Dismissal of entire action for failure to amend.

In shareholder derivative suit, corporation's demurrer should have been sustained where plaintiffs did not allege demand futility as to D's board as comprised at the time of filing of second amended complaint.

Government Claims Act [GC 905] requirements apply to breach of contract claims; P should have opportunity to amend to meet Ds' Government Claims Act defense.

Trial ct. must allow pleading to be amended if there is reasonable possibility defects can be cured.

AAA's demurrer properly sustained without leave where insured was seeking reimbursement for the lost MV of his pickup, a loss specifically excluded under his policy.

Trial ct. correctly sustained gen'l demurrer to W's complaint seeking to reach 1/3 of H's mother's estate which purportedly went to H's sister, but erred in refusing to grant leave to amend to correctly plead constructive trust.

Unmarried man who supported child relying on representation he was the father, could not sue mother on unjust enrichment theory but could amend to plead breach of contract—failure to so amend led to dismissal.

Gulf liable for intent. interfer. with prosp. econ. adv. when it paid insured and new attorney in settlement or satisfaction of judgment with knowledge of first attorney’s lien.

By alleging mother convinced him not to file timely suit, promising to give him subject vineyard, P alleged sufficient facts to come within doctrine of equitable estoppel.

Discovery properly stayed until Ps could file viable complaint not subject to demurrer, without which further discovery would be unnecessary additional expense to Ds.

Failure to amend within time allowed after demurrer sustained results in dismissal.

Court allowed to take judicial notice of prior pleadings where defects of prior complaint avoided by omission or allegations inconsistent with prior pleadings.