At the Lectern
JULY 20, 2023
A partially divided Fourth District, Division One, Court of Appeal, published opinion reversed the dismissal on demurrer of a mother’s action for the distress she suffered when speaking on the phone with her daughter as the daughter was involved in a car crash allegedly caused by the defendants’ negligence.
Patently O
OCTOBER 20, 2022
In Iqbal and Twombly , the Supreme Court reinterpreted this rule to require nonconclusory allegations of specific facts that make the cause-of-action plausible. 12(b)(6) or “motion on the pleadings” under R.
The Fashion Law
OCTOBER 11, 2021
Walmart argues that a demurrer is also warranted because West and Yeezy’s claims are barred by Section 230 of the Communications Decency Act, which “preempts the cause of action to the extent that [West and Yeezy are] seeking to hold Walmart liable for the conduct of the seller” of the imitation footwear.
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