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Using Motions to Get a Lawsuit Dismissed Early in California

Chugh LLP

The responsive pleading can be in the form of an answer, a demurrer, or a motion. If a complaint does not list all the elements of a legal claim, the defendant may file a demurrer alleging that: The complaint does not contain any facts to bring a claim, or. Complaints are rarely dismissed based on demurrers in California.

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A second no-straight-grants conference

At the Lectern

In Shusha , the Second District, Division Seven, Court of Appeal published opinion held a restaurant’s “allegations that contamination by the COVID-19 virus physically altered its restaurant premises were sufficient to withstand demurrer.” ” COVID insurance transfer denial. In San Jose Sharks v.

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Can I Oppose My Divorce?

Livesay&Myers

For example, in the event that you fail to respond within 21 days to the Complaint for Divorce by filing responsive pleadings (an Answer, Demurrer or Counterclaim), the court will begin to set dates that apply to your divorce case, such as discovery deadlines and hearing dates. Additionally, your refusal to answer may cost you.

Divorce 105
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A very, very bad oral argument strategy

At the Lectern

Hastings (1874) 47 Cal. 269, 271.). ” (57 Cal.

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Supreme Court will decide parole eligibility issue for young-adult offenders

At the Lectern

where the published opinion of the Fourth District, Division Two, reversed the dismissal on demurrer of a class action alleging Walmart’s sale of its “Great Value White Baking Chips” was deceptive because the product did not contain white chocolate. Walmart, Inc. ” (Published opinion here.)

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A double conference with no straight grants, but some significant denials

At the Lectern

Facebook discrimination case can continue. The court denied review and a depublication request in Liapes v. ” Division Three held the plaintiff “alleged intentional discrimination, not disparate impact as Facebook asserts.”

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Standing to Challenge Inventorship

Patently O

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.”