Demurrer Law
 
Michelle Shaeffer v. Califia Famrs, LLC

Califia Farms, LLC (Califia) manufactures and distributes
a “100% Tangerine Juice” known as “Cuties Juice.” The front
label of the juice’s bottle depicts a smiling tangerine coming out
of its peel. Above the tangerine, the label prominently displays
the word “Cuties”; below the tangerine and on three lines of
1 We draw the facts set forth below from the allegations in
the o... More...
   $0 (02-10-2020 - CA)

Cheryl Downey v. Public Storage, Inc.

A trial court may certify a class in a proposed class action
lawsuit only if, among other things, the court finds a “‘community
of interest’” among the proposed class members (Duran v. U.S.
Bank National Assn. (2014) 59 Cal.4th 1, 28 (Duran)), which in
part means that “‘“common questions of law or fact”’”
“‘“predominate”’” because “the elements necessary to establish
liabil... More...
   $0 (02-09-2020 - CA)

Gamma ETA Chapter of PI Kappa Alpha v. Harlan Helvey

A housing corporation tried to enforce an arbitration
agreement against a local chapter of an international fraternity.
The trial court denied the corporation’s motion to compel
arbitration. We reverse because the international fraternity
demanded arbitration, as did the housing corporation, so an
arbitration there must be.
I
We summarize the facts from the documents fi... More...
   $0 (02-07-2020 - CA)

Ramon Bojorquez Salcido v. The Superior Court of San Mateo County, the People, Real Party in Interest

Proposition 66, the Death Penalty Reform and Savings Act of 2016,
made substantial changes to the procedures governing petitions for writs of
habeas corpus in capital cases. Among these changes was ending the practice
of capital defendants initiating habeas proceedings in the Supreme Court,
and instead having the “court which imposed the sentence” decide the
petitions in the fi... More...
   $0 (02-05-2020 - CA)

K.J., a Minor, etc. v. Los Angeles Unified School District, Luis A. Carrillo Objector and Appellant

This case presents a narrow question of procedural law:
Does a Court of Appeal have jurisdiction to review an order
directing an attorney to pay sanctions when the notice of appeal
identifies the attorney’s client as the appealing party, but other
indicia make clear that the attorney was the party seeking
review? The Court of Appeal dismissed the appeal, concluding
that the... More...
   $0 (02-02-2020 - CA)

Destiny Thimon, a Minor, etc. v. City of Newark

Thimon’s Allegations
Thimon’s second amended complaint, the operative pleading (the complaint),
alleges: “On December 6, 2013 at approximately 7:30 in the morning, Destiny Thimon
was on her way to school, and reached the corner of Cherry Street and Redeker Place. As
Cherry Street at this intersection was not controlled by signals or stop signs, and
contained no pedestrian activ... More...
   $0 (01-30-2020 - CA)

George Fenimore, Jr. v. The Regents of the University of California

George Fenimore was 92 and suffering dementia. On
March 27, 2013, his family took him to a local hospital because he
was incontinent and would not shower. This local hospital is not
a defendant.
On March 29, 2013, the local hospital transferred Fenimore
to a second hospital, which was UCLA Resnick Neuropsychiatric
Hospital. Within minutes of arriving at the second hospital,... More...
   $0 (01-28-2020 - CA)

Joan Mauri Barefoot v. Jana Susan Jennings

If amendments to a revocable trust made shortly before
the settlor dies disinherit a beneficiary, does that individual, as
one who is not named in the trust’s final iteration, have standing
to challenge the validity of the disinheriting amendments in
probate court on grounds such as incompetence, undue
influence, or fraud?
The Court of Appeal interpreted Probate Code sectio... More...
   $0 (01-27-2020 - CA)

Tamika Schmidt v. Superior Court, County of Ventura

Two court employees alleged a security guard named David
Jacques sexually harassed them with his metal detecting wand
during the courthouse entry screening process. All security
screening was in public and on video. None of the video
supported the allegations. After a lengthy bench trial, the trial
court ruled the plaintiffs had not proved their allegations. The
employees a... More...
   $0 (01-26-2020 - CA)

Earline Williams v. 21st Mortgage Corporation

After defendant 21st Mortgage Corporation foreclosed on her home, plaintiff
Earline Williams brought this action alleging defendant interfered with her rights under
California law, breached its contract with her, acted negligently, and committed elder
financial abuse. In particular, plaintiff alleges that she should have been able to avoid
foreclosure by tendering the amount then i... More...
   $0 (01-23-2020 - CA)

State of Oklahoma v. Matthew Elijah Thornbrough

Tulsa, OK - The State of Oklahoma charged Matthew Elijah with:

Count # 1. Count as Filed: HM12, MURDER - SECOND DEGREE IN THE COMMISSION OF A FELONY, in violation of 21 O.S. 701.8 (1)
Date of Offense: 04/10/2019
Party Name Disposition Information
THORNBROUGH, MATTHEW ELIJAH Disposed: CONVICTION, 01/21/2020. Jury Trial
Count as Disposed: MURDER - SECOND DEGREE IN THE C... More...
   $0 (01-22-2020 - OK)

San Diegans For Open Government v. Public Facilities Financing Authority of the City of San Diego

A citizens’ taxpayer organization sued to invalidate
certain contracts allegedly made in violation of Government
Code section 1090. The question is whether Government Code
section 1092 gives plaintiff the statutory standing to do so. We
hold that section 10921 does not provide plaintiff a private right
of action because it was not a party to the contracts. The Court
of Appe... More...
   $0 (12-29-2019 - CA)

Mohammed Noorl v. Countrywide Payroll & HR Solutions, Inc.

The Legislature has enacted statutory requirements concerning itemized wage
statements employers must provide employees along with their paychecks. In this case,
Plaintiff Mohammed Noori sued his former employer, defendant Countrywide Payroll &
HR Solutions, Inc., for violations of those statutory requirements. He alleged, inter alia,
that Countrywide violated Labor Code section 22... More...
   $0 (12-28-2019 - CA)

Janes Wong, as Personal Representative, etc. v. Aaron Wong, as Personal Representative, etc.

Sylvia Tang (Tang) and Alan Chung Cheung Wong (Wong) married in 1999 and
divorced in 2011. During their marriage, Wong held a 48.5 percent interest and Tang
held an 11 percent interest in Asian Square Inc. (Asian Square), which owns and operates
Grand Century Mall in San Jose. On December 31, 2011, Tang and Wong entered a
marital settlement agreement (settlement agreement) that res... More...
   $0 (12-15-2019 - CA)

Association for Los Angeles Deputy Sheriffs v. County of Los Angeles

The Association for Los Angeles Deputy Sheriffs (ALADS)
appeals from a judgment following the trial court’s ruling
sustaining a demurrer to ALADS’s complaint without leave to
amend. ALADS sued respondent County of Los Angeles (County)
concerning the County’s alleged breach of a labor agreement.
The trial court sustained the County’s demurrer on the sole
ground that ALADS fa... More...
   $0 (12-03-2019 - CA)

Sarah Anderson v. City of San Jose

In this appeal we decide whether a California charter city’s policy for the sale of
surplus city-owned land is preempted by the state’s affordable housing law.
The dispute centers on the City of San Jose’s passage of City Policy 7-13 (Policy
7-13), which appellants Sarah Anderson, Joana Cruz, Urban Habitat Program, and
Housing California contend violates the Surplus Land Act (Gov. ... More...
   $0 (11-29-2019 - CA)

Shelia Brown v. Upside Gading, L.P.

This is an appeal in a landlord–tenant class action from a trial court order
invalidating the broad releases of claims signed by approximately 26 tenant putative class
members and requiring the parties to meet and confer regarding a corrective notice for the
putative class after the court found said releases contained misleading and one-sided
information regarding the underlying la... More...
   $0 (11-21-2019 - CA)

Asian Americans Advancing Justice-Los Angeles v. Alex Padilla, as Secretary of State, etc.

Plaintiffs and appellants Asian Americans Advancing Justice—Los Angeles,
Asian Americans Advancing Justice—Asian Law Caucus, and the American Civil
Liberties Union of Northern California (collectively plaintiffs) appeal from a judgment
denying their petition for writ of mandate. Plaintiffs claim defendant and respondent
Alex Padilla, the California Secretary of State, has misinterp... More...
   $0 (11-11-2019 - CA)

Magic Carpet Ride, LLC v. Rugger Investment Group, LLC

Defendant and Appellant Rugger Investment Group LLC (Rugger) entered
into a contract to sell an airplane to Plaintiffs and Respondents Magic Carpet Ride, LLC
(MCR) and Kevin T. Jennings. Rugger deposited a lien release into escrow eight days
after the expiration of a 90-day period in which it was required to do so. The trial court
found Rugger could not claim substantial performanc... More...
   $0 (10-28-2019 - CA)

Gustavo Naranjo v. Spectrum Security Services, Inc.

Named plaintiff and class representative Gustavo Naranjo and a
certified class of former and current employees took their lawsuit
against defendant Spectrum Security Services, Inc. (Spectrum) to trial.
They alleged Labor Code section 226.71 meal break violations and
sought premium wages, derivative remedies pursuant to sections 203
(waiting time penalties) and 226 (itemized wag... More...
   $0 (09-28-2019 - CA)

Andrijana Mackovksa v. Viewcrest Road Properties, LLC



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Aleksandar Mackovski and Andrijana Mackovska sued
Viewcrest Road Properties claiming Viewcrest w... More...
   $0 (09-22-2019 - CA)

Southern California Pizza Co, LLC v. Certain Underwriters at Lloyd's, London Subscribing to Policy Number 11EPL-20208



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Appeal from a judgment of the Superior Court of Orange County, Kim G.
Dunning, ... More...
   $0 (09-20-2019 - CA)

Carra Crouch v. Trinity Christian Center of Santa Ana, Inc.



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Carra Crouch, at age 13, was drugged and raped by a 30-year-old employee
of Trinity Chris... More...
   $0 (09-15-2019 - CA)

Clipperjet, Inc. v. Randall Tyson

After defendant Randal Tyson’s first failed attempt at removing the case to
federal court, his codefendant, Dulany Hill, filed a second notice of removal. Hill’s
notice of removal was identical to the one defendant had filed and merely substituted
Hill’s name in the place of defendant’s name. During this second removal period, the
court denied defendant’s untimely motion to strike,... More...
   $0 (09-08-2019 - CA)

Diann Marie Davis v. Dennis Ross



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In a 2014 dispute between the parties over a disabled parking space, Dennis Ross
filed a ... More...
   $0 (09-06-2019 - CA)

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