Demurrers

News & Analysis as of

The Dennis Decision: A Shot Across the Bow for Hospitals

A recent Virginia court decision questions the reasonable value of health care services and creates a challenge to debt collection efforts by hospitals. In March, the Circuit Court for Henry County, Patrick County, and the...more

Careful Who You Trust. A Lender Can Be Liable For The Negligence And Misrepresentations Of Its Loan Servicers, Even Absent Any...

In the recent case of Daniels v. Select Portfolio Serving, Inc., the California Court of Appeal has held that a lender may be liable for the negligence and misrepresentations of the lender’s servicer, without any contractual...more

Court Clarifies the Cease & Desist Requirement Prior to Initiating Brown Act Litigation

City’s Loss Illustrates Risks of Litigating Open Meeting Law Violation Claims - In 2012 the California Legislature amended the judicial remedies aspect of the Brown Act “Opening Meetings” Law. That amendment added...more

California Court of Appeal Finds AG’s Privacy Suit Over Fly Delta Mobile App Is Preempted

In a recent ruling, California’s Court of Appeal unanimously affirmed the dismissal of California’s complaint against Delta Air Lines, Inc. (“Delta”), which alleged that the company’s Fly Delta mobile application violated...more

Applying New California Rules to Your Real Estate Litigation Practice

Several new California procedural rules went into effect on January 1, 2016. While we are several months into the new year, litigators may need a reminder of these new rules. The list below summarizes several of the notable...more

Plaintiff’s Claim that Manufacturer Improperly Trained Physician in use of Class III Medical Device Preempted by Federal Law

In Ashley Glennen v. Allergan, Inc., 2016 Cal. App. LEXIS 347, published April 29, 2016, the California Court of Appeal, First District, affirmed the trial court’s sustaining of a demurrer in a Lap-Band injury case on the...more

Premises Liability Claim Barred By Professional Negligence Statute of Limitations

In Catherine Flores v. Presbyterian Intercommunity Hospital, the Supreme Court of California held that a claim for negligence in the maintenance of equipment and care needed to implement the doctor’s order concerning her...more

California Court of Appeal Affirms Demurrer to Class Allegations Where Mobilehome Park Residents Lack Community of Interest

In Schermer v. Tatum, 245 Cal. App. 4th 912 (2016), the California Court of Appeal affirmed two important principles for class actions in California: (1) to have a community of interest, there must be a wrong that is truly...more

Revised California Rules Intended to Streamline Demurrer Process With New Meet-And-Confer Requirements

California courts are tired of hearing your demurrers, and now the state has done something about it. Code of Civil Procedure Section 430.41, which went into effect on January 1, 2016, now requires a meet-and-confer process...more

Allegations of Understaffing Can Be Sufficient to Plead a Cause of Action for Elder Abuse Based on Recklessness

In Fenimore v. The Regents of the University of California, 2016 Cal. App. LEXIS 231, the Second District Court of Appeal held that allegations that a hospital was understaffed at the time an elderly patient fell, that the...more

Latent Claims of Childhood Sexual Abuse––the Delayed Discovery Rule and Certificates of Merit

On March 22, 2016, in Latrice Rubenstein v. Doe No. 1 (Case No. D066722), the Fourth Appellate District, Division One, held that the delayed discovery rule set forth in the pertinent statute of limitations, Code of Civil...more

California Court Reluctantly Vacates Dismissal of Legal Malpractice Action

Younessi v. Woolf (Cal. Ct. App. Feb. 16, 2016) - Brief Summary - The California Court of Appeal, Fourth District, reluctantly affirmed an order vacating the dismissal of an attorney malpractice action where...more

Relief From Dismissal Under Mandatory “Attorney-Fault” Provision of CCP 473(b) Granted Despite Absence of Evidence that Attorney’s...

In Younessi v. Woolf (No. G051034 – filed February 16, 2016), Division Three of the Fourth Appellate District reluctantly affirmed the trial court’s order vacating dismissal of a legal malpractice case. Although the trial...more

Changes to the California Code of Civil Procedure You Should Know About NOW

The California legislature has recently implemented important changes to the California Code of Civil Procedure (“CCP”) that will take effect on January 1, 2016. These changes will affect all aspects of the litigation...more

The Necessity of Trial Transcripts in Appellate Proceedings

A COMPLETE TRIAL RECORD is essential to presenting an effective appeal because appellate courts have no independent means of obtaining knowledge of the cases brought before them for review. The California court of appeal...more

Disability Access – Application of Disabled Persons Act and Unruh Act – Service Animals

Seth Flowers, et al. v. Brinda Prasad, et al. - California Court of Appeal, Second Appellate District (July 17, 2015) - The Unruh Civil Rights Act and Disabled Persons Act vary in their provisions. The Court of...more

Conclusory Allegations Held Insufficient to Support Declaratory Relief on Right to Independent Counsel or Allocation of Defense...

In Centex Homes v. St. Paul Fire & Marine Ins. Co. (No. E060057, filed 5/22/15), a California Court of Appeal held that a developer’s declaratory relief lawsuit seeking a declaration of the right to independent counsel was...more

New Decision Examines the Scope of Constructive Discharge

On December 31, 2013, in Vasquez v. Franklin Management Real Estate Fund, Inc., the California Court of Appeal held that a maintenance technician, who alleged that he was constructively discharged in violation of public...more

Court Decides Demurrer To Derivative Suit – What About California Law?

Yesterday, the California Court of Appeal affirmed California Superior Court Judge James P. Kleinberg’s judgment sustaining a demurrer in a shareholder derivative action against the officers and directors of Yahoo! Inc. ...more

Another Exception to Fraud and Contract Don't Mix

Christopher Hill, LEED AP and Virginia construction lawyer discusses a recent case concerning construction and an exception to the Virginia economic loss rule, namely fraud in the inducement....more

No Relief Under CCP Section 473 For Missed Filing Deadline In CEQA Challenge

Alliance for the Protection of the Auburn Community Environment, et al. v. County of Placer, SCV0028200 (3rd Dist., February 18, 2013). In Alliance for the Protection of the Auburn Community Environment v. County of...more

Lessons From 2012 About California Appellate Procedure

Appellate courts invariably face lawyers who fail to follow the rules that govern appeals. Learned Hand famously threw a 150-page brief over the bench and onto counsel's table after exclaiming that he would not read it...more

Symantec Beats Litigation Challenging Proxy Disclosures For Annual Meeting

A California court recently granted Symantec’s demurrer in a lawsuit that challenged its proxy statement disclosures in connection with an annual meeting. For those of us who haven’t been to law school recently, a demurrer...more

When is Late Too Late?

The statute of limitations defense seems simple: when a party has waited too long to bring a claim, the claim is barred by the passage of time prescribed by the Legislature. Complexity arises when the following factors are...more

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