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Demurrer Law
 
Patrick Lafferty v. Wells fargo Bank, N.A.

This is the third appeal that comes to us in this case, which arises out of Patrick
and Mary Lafferty’s purchase of a defective motor home from Geweke Auto & RV
Group (Geweke) with an installment loan funded by Wells Fargo Bank, N.A (Wells
Fargo).
In Lafferty v. Wells Fargo Bank (2013) 213 Cal.App.4th 545 (Lafferty I), this
court affirmed in part and reversed in part the actio... More...
   $0 (07-21-2018 - CA)

Larry Littlejohn v. Costco Wholesale Corporation

Plaintiff Larry Littlejohn appeals from a ruling sustaining a demurrer to his third
amended complaint (complaint) without leave to amend. Littlejohn sought to sue Costco
Wholesale Corporation and Costco Wholesale Membership, Inc. (Costco), the California
Board of Equalization (Board) and Abbott Laboratories, Inc. (Abbott) to recover amounts
he paid in sales tax reimbursement on pur... More...
   $0 (07-16-2018 - CA)

Larry Littlejohn v. Costco Wholesale Corporation Glass Office Floor Mats

Plaintiff Larry Littlejohn appeals from a ruling sustaining a demurrer to his third
amended complaint (complaint) without leave to amend. Littlejohn sought to sue Costco
Wholesale Corporation and Costco Wholesale Membership, Inc. (Costco), the California
Board of Equalization (Board) and Abbott Laboratories, Inc. (Abbott) to recover amounts
he paid in sales tax reimbursement on pur... More...
   $0 (07-14-2018 - CA)

Tamara Baskin v. Hughes Realty, Inc.

In the underlying action for disability discrimination,
appellant Tamara Baskin alleged that respondent Hughes
Realty, Inc. (Hughes) violated the California Disabled
Persons Act (DPA) (Civ. Code, §§ 54-55.3.) by providing no
designated and accessible path of travel for persons with
disabilities within the parking lot of a grocery store.1
Sppecifically, she alleged that unde... More...
   $0 (07-13-2018 - CA)

Jose Luis Morales v. 22nd District Agricultural Association Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

In this appeal, we must determine whether a state entity whose employees are
exempt from state law requiring the payment of overtime compensation is nevertheless
required to pay overtime compensation to such employees when the state entity jointly
employs the employees with a non-state employer. Although we concluded in a prior
appeal in this case that the matter should be remanded... More...
   $0 (07-11-2018 - CA)

Barry S. Jameson v. Taddese Desta

Under California’s in forma pauperis doctrine and Government Code
section 68086, subdivision (b),1 a person who because of limited financial
resources qualifies for a waiver of initial court filing fees is entitled, as well, to a
waiver of fees for the attendance of an official court reporter at a hearing or trial.
In this case, however, although plaintiff Barry Jameson (hereafter ... More...
   $0 (07-06-2018 - CA)

Sharon Brown v. Karen Smith, as Director Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

In 1890, the California Supreme Court rejected a
constitutional challenge to a “vaccination act” that required
schools to exclude any child who had not been vaccinated against
small-pox. (Abeel v. Clark (1890) 84 Cal. 226, 227-228, 230
(Abeel).) In dismissing the suggestion that the act was “not
within the scope of a police regulation,” the court observed that,
“[w]hile vac... More...
   $0 (07-05-2018 - CA)

David Lo v. Daniel S. Lee Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Plaintiff David Lo, individually and as the assignee of plaintiffs Danny F.M. Lo
and Alice M.C. Lo (collectively referred to as plaintiffs), appeals from an order of
dismissal entered in favor of defendant Tristan You after the trial court sustained You’s
demurrer without leave to amend. Plaintiff contends the trial court should have overruled
the demurrer because he stated a viabl... More...
   $0 (06-30-2018 - CA)

David Lo v. Daniel S. Lee

Plaintiff David Lo, individually and as the assignee of plaintiffs Danny F.M. Lo
and Alice M.C. Lo (collectively referred to as plaintiffs), appeals from an order of
dismissal entered in favor of defendant Tristan You after the trial court sustained You’s
demurrer without leave to amend. Plaintiff contends the trial court should have overruled
the demurrer because he stated a viabl... More...
   $0 (06-28-2018 - CA)

Rana Samara v. Haitham Matar

When a trial court judgment rests on more than one ground, it may be
impossible for a losing party to obtain appellate review of all of the court’s
determinations. In a breach of contract action, for example, a trial court might
grant a defense motion for summary judgment because no contract was formed,
and because in any event there was no breach. On direct review, an appellateMore...
   $0 (06-26-2018 - CA)

Carol E. Wassmann v. South Orange County Community College District

Appeal from a judgment of the Superior Court of Orange County, Frederick
P. Aguirre, Judge. Affirmed. Request for Judicial Notice. Granted in part and denied in
part. Motion to strike Appellant’s opening brief. Denied.
Carol E. Wassmann, in pro. per., for Plaintiff and Appellant.
Walsh & Associates, Dennis J. Walsh and Matthew C. Wallin for
Defendants and Respondents South Oran... More...
   $0 (06-25-2018 - CA)

State of Oklahoma v. Richard Patrick Spaulding and Sonia R. Weidenfelder

Tulsa, OK - Jury Convicts Defendant of Murder and Recommends Life In Prison Sentence

The State of Oklahoma with Richard Patrick Spaulding and Sonia R. Weidenfelder:

Count # 1. Count as Filed: HM11, MURDER - FIRST DEGREE, in violation of 21 O.S. 701.7
Date of Offense: 11/06/2016
Party Name Disposition Information
WEIDENFELDER, SONIA R Disposed: CONVICTION, 06/01/2... More...
   $0 (06-19-2018 - OK)

Geraldine Templo v. State of California

Appellants Geraldine and Mark Templo (the Templos) brought an action for
declaratory relief against respondent State of California (State), claiming that a statute
requiring litigants to pay a nonrefundable fee in order to secure a jury trial is
unconstitutional. The trial court granted the State’s motion for judgment on the pleadings
on the ground that the State is not a proper de... More...
   $0 (06-18-2018 - CA)

State of Oklahoma v. Timothy Worthington Morelaw Internet Marketing Helping People Find You On The Internet 888-354-4529

Tulsa, OK - Criminal defense attorney M.J. Denman charged Timothy Worthington with:

Count # 1. Count as Filed: OROB, ROBBERY SECOND DEGREE, in violation of 21 O.S. 799
Date of Offense: 08/04/2016
Party Name Disposition Information
WORTHINGTON, TIMOTHY
Count... More...
   $0 (06-14-2018 - OK)

State of Oklahoma v. Richard Patrick Spaulding MoreLaw Suites Legal Suites and Virtual Offices In Downtown Tulsa 406 South Boulder and 624 South Denver 918-582-3993 or Info@morelaw.com

Tulsa, OK - The State of Oklahoma charged Richard Patrick Spaulding, age 45, with:

Count # 1. Count as Filed: HM11, MURDER - FIRST DEGREE, in violation of 21 O.S. 701.7
Date of Offense: 11/06/2016
Party Name Disposition Information
SPAULDING, RICHARD PATRICK
WEIDENFELDER, SONIA R Disposed: CONVICTION, 06/01/2018. Jury Trial
Count as Disposed: MURDER - FIRST DEG... More...
   $0 (06-08-2018 - OK)

Mateel Environmental Justice Foundation v. Office of Environmental Health Harzard Asse

In 1989, the predecessor to respondent Office of Environmental Health Hazard
Assessment (OEHHA), the lead agency charged with implementing California’s Safe
Drinking Water and Toxic Enforcement Act (Proposition 65) (Health & Saf. Code,
§ 25249.5 et seq.), adopted a regulation setting a “maximum allowable dose level” or
MADL for lead as a reproductive toxicant. (Cal. Code Regs., tit... More...
   $0 (06-08-2018 - CA)

James Gund v. County of Trinity

This lawsuit alleges that a Trinity County deputy sheriff phoned citizens James
and Norma Gund -- who do not work for the County -- and asked them to go check on a
neighbor who had called 911 for help likely related to inclement weather. The Gunds
1
unwittingly walked into a murder scene and were savagely attacked by the man who
apparently had just murdered the neighbor and her... More...
   $0 (06-05-2018 - CA)

John Nist v. Steven Hall Morelaw Internet Marketing for Legal Professionals Helping People Find You On The Internet 888-354-4529

A good faith purchaser is “[a] purchaser who buys
without notice of circumstance which would put a person of
ordinary prudence on inquiry as to the title, or as to an
impediment on the title, of a seller.” (Black’s Law Dict. (6th ed.
1992) p. 693, col. 2.) The trial court found that respondent,
Steven Hall, was a good faith purchaser at a lien sale and
acquired the contents... More...
   $0 (06-03-2018 - CA)

Stephen Bushansky v. Patrick Soon-Shiong

Plaintiff Stephen Bushansky filed a shareholder derivative action in San Diego
Superior Court on behalf of nominal defendant NantKwest, Inc. Based on a forum
selection provision contained in NantKwest's certificate of incorporation that generally
designates Delaware as the forum for shareholder derivative actions, the trial court
dismissed Bushansky's suit.
On appeal, Bushansky... More...
   $0 (06-01-2018 - CA)

Placer Foreclosure, Inc. v. Solomon Aflalo

Placer Foreclosure, Inc., acting as trustee, conducted
a foreclosure sale of property owned by Solomon Aflalo. The
foreclosure sale resulted in surplus proceeds. When Aflalo filed a
wrongful foreclosure action against Placer and the third-party
buyer, Pro Value Properties, Inc., Placer filed a complaint in
interpleader and deposited the surplus proceeds with the court.
Plac... More...
   $0 (05-31-2018 - CA)

Harley Shine v. William Sonoma, Inc.

In this putative class action against defendants and
respondents Williams-Sonoma, Inc., and Williams-Sonoma
Stores, Inc. (jointly, Williams-Sonoma), plaintiff and appellant
Harley Shine appeals from an order of dismissal following the
sustaining of a demurrer without leave to amend. Concluding
the demurrer was properly sustained on res judicata grounds, we
affirm.
FACTU... More...
   $0 (05-30-2018 - CA)

Yvonne Reid v. City of San Diego

A. Legal Background—The Procedural Ordinance and 2008 Assessment
Under the Property and Business Improvement District Law of 1994 (PBID of
1994) (Sts. & Hy. Code,2 §§ 36600 et seq.), private property owners in a geographical
area can initiate formation of a business improvement district to assess themselves fees to
be spent promoting their businesses. (See Epstein v. Hollywood Ente... More...
   $0 (05-28-2018 - CA)

D.C. Randall, Jr. v. Ditech Financial, LLC

D.C. Randall, Jr., appeals from a judgment dismissing his operative second
amended complaint (complaint) against Ditech Financial, LLC (Ditech) after the trial
court sustained Ditech's demurrer to the complaint without leave to amend. Randall
2
contends the court erred in its ruling as to his causes of action for violation of the federal
Fair Debt Collection Practices Act (FDC... More...
   $0 (05-28-2018 - CA)

State of Oklahoma v. Brent Allen Morris MoreLaw Suites Legal Suites and Virtual Offices In Downtown Tulsa 406 South Boulder and 624 South Denver 918-582-3993 or Info@morelaw.com

Tulsa, OK - Judge Sentenced To 34-Years For Domestic Abuse

The State of Oklahoma charged Brent Allen Morris, age 34, with:

Count # 1. Count as Filed: ABDOM, DOMESTIC ASSAULT AND BATTERY - 2ND OFFENSE, in violation of 21 O.S. 644
Date of Offense: 07/17/2016
Party Name Disposition Information
MORRIS, BRENT ALLEN Disposed: DISMISSED, 05/14/2018. Dismissed- Request o... More...
   $0 (05-24-2018 - OK)

Professional Collection Consultants v. Robert M. Lujan

Professional Collection Consultants (PCC) filed this action to collect credit card
debt that Lujan incurred. The parties agree that if Delaware’s three-year statute of
limitations applies the action is time-barred, but that if California’s four-year statute
applies the case is timely filed. The trial court applied the Delaware statute, granting
summary judgment on statute of limita... More...
   $0 (05-23-2018 - CA)

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