Patently O

FEBRUARY 13, 2023

Sywula sued for correction of invention, and the District Court initially dismissed the case on standing, but – after an amended complaint – has now agreed that Sywula has met the requirements to survive a pleading-stage demurrer. Standing to Sue : Federal Courts can only hear “actual cases or controversies.”

Demurrer 75

Demurrer Technology Court Litigation 75

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.

Law School 40

Law School Manufacturing Demurrer Contract 40

At the Lectern

JUNE 29, 2023

AmGUARD Insurance Company that affirmed the sustaining of a demurrer to a complaint claiming insurance coverage for business income losses from government COVID pandemic shut-down orders. The court denied a request to depublish the Fourth District, Division Three, opinion in Coast Restaurant Group, Inc.

Prima Facie Case 45

Prima Facie Case Court Demurrer Felony 45

At the Lectern

SEPTEMBER 14, 2023

” The trial court had dismissed the action on demurrer, ruling that one superior court cannot direct a writ of mandamus to another superior court.

Demurrer 85

Demurrer Court Technology Felony 85

At the Lectern

JUNE 1, 2023

Lowe’s Home Centers , where a Second District, Division Three, unpublished opinion upheld the dismissal by demurrer of a lawsuit by a pro per attorney. Pandemic masking lawsuit. The court denied review in Birke v.

Court 45

Court Demurrer Attorney 45

At the Lectern

NOVEMBER 10, 2022

The court denied review in Martinez v. Cot’n Wash, Inc. , but Justice Goodwin Liu recorded a vote to hear the case. ” Rejecting dictum in a Second District, Division Five, opinion ( Ruiz v.

Demurrer 40

Demurrer Court 40

At the Lectern

NOVEMBER 16, 2023

The Second District, Division Eight, published opinion reversed the sustaining of a demurrer and a summary judgment grant. (Related: Throwing shade at SCOTUS? Michael Jackson. The court also denied review in Safechuck v. MJJ Productions, Inc. ” Based on Brown v.

Demurrer 45

Demurrer Manufacturing Statute Contract 45

Patently O

OCTOBER 20, 2022

If the complaint fails this standard, the defendant can seek what was traditionally known as a “demurrer” and is now called a “motion to dismiss for failure to state a claim upon which relief can be granted” under R. 12(b)(6) or “motion on the pleadings” under R.

Demurrer 84

Demurrer Cause of Action Litigation Litigating 84

The Fashion Law

NOVEMBER 4, 2021

By vacating the trial court’s grant of demurrer on grounds the statute was void for vagueness, the appellate panel’s decision reaffirms the validity of Section 17501,” Manatt’s Richard Lawson stated at the time. “It It also puts retailers on notice that additional enforcement actions may be in their future.”

Statute 64

Statute Demurrer Laws Court 64

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.

Demurrer 108

Demurrer Cause of Action Laws Court 108

At the Lectern

SEPTEMBER 16, 2021

The Third District’s unpublished Poblete opinion noted the issue is pending in Sheen , but concluded a demurrer was properly sustained because no breach of duty had been alleged “[e]ven assuming a duty of care might hypothetically exist.” ” The court granted and transferred in Hutcheson v.

Immigration 45

Immigration Court Demurrer Misdemeanor 45

Attorney at Work

SEPTEMBER 30, 2022

If we look at things at a more granular level, we learn that Beckloff and Chalfant both grant demurrers at a rate on par with the county average (42%), favoring those filed by the defendant at a rate of 83%. Strobel , on the other hand, has granted 77% of the demurrers filed in her court, 90 percent of which were in favor of the defendant.

Demurrer 52

Demurrer Attorney Litigation Litigating 52

At the Lectern

DECEMBER 31, 2020

The Second District, Division Three, unpublished opinion mostly upheld the dismissal on demurrer of an action by a nine-year-old skater whose coach sexually molested her. It’s unusual to have a less-than-unanimous grant of review. The court granted-and-held in Annie G. Glacial Garden Skating Arenas, LLC.

Demurrer 49

Demurrer Court Attorney 49

Attorney at Work

NOVEMBER 15, 2021

Brazile of the Los Angeles County Superior Court favors plaintiffs in labor and employment disputes and defendants in property disputes, granting 43% of demurrers for the former and 85% for the latter. We can quickly see, for example, that the Hon. This is crucial information to have when formulating settlement strategies.

Litigation 102

Litigation Litigating Attorney Legal Research 102