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Demurrer Law
 
A,J, Fistes Corporation v. GDL Best Contractors, Inc.

Plaintiff A.J. Fistes Corporation (Fistes) appeals from a
judgment entered after the trial court sustained without leave to
amend the demurrer filed by defendants GDL Best Contractors,
Inc. (GDL) and its officers, Francisco M. Lopez, Jose C. Lopez,
and Benjamin Lopez (collectively, the Lopezes), to Fistes’s third
amended complaint. Fistes brought suit against GDL, the
Lopez... More...
   $0 (08-17-2019 - CA)

A.J. Fistes Corporation v. GDL Best Contractors, Inc.


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Plaintiff A.J. Fistes Corporation (Fistes) appeals from a
judgment entered ... More...
   $0 (08-14-2019 - CA)

Kwang K. Sheen v. Wells Fargo Bank, N.A.


Homeowners in mortgage trouble may try to negotiate a
better deal. If mortgage modification negotiations fail and the
borrower falls behind, the lender may foreclose, sell the house, and
evict the homeowner.... More...
   $0 (08-06-2019 - CA)

Donald Wilson v. County of San Joaquin

Donald Wilson entered a plea of no contest on a charge of felony child abuse in
connection with events culminating in the death on his infant son. He and his wife
(plaintiffs) then sued several individuals and entities who undertook to provide lifesaving
2
services for the infant, asserting causes of action for medical malpractice, professional
negligence, and intentional infl... More...
   $0 (07-31-2019 - CA)

Diana Nieves Noel v. Thrifty Payless, Inc.




This case is a putative class action brought on behalf of
retail purchasers of an inflatable outdoor pool sold in packaging
that allegedly misled buyers about ... More...
   $0 (07-30-2019 - CA)

Janice Dickinson v. William H. Cosby, Jr.





In 2014, plaintiff Janice Dickinson publicly alleged that
defendant William Cosby drugged and raped her in 1982. Cosby
responded by issuing a demand letter and several press releases
through his attorney, which expressed or implied that Dickinson
was ly... More...
   $0 (07-27-2019 - CA)

Leanne Hollingsworth v. The Superior Court of Los Angeles, Heavy Transport, Inc., Real Party in Interest

“Pursuant to constitutional mandate, the Legislature has
vested the Workers’ Compensation Appeals Board (WCAB) with
exclusive jurisdiction over claims for workers’ compensation
benefits. (Cal. Const., art. XIV, § 4, Lab. Code, § 5300.)” (La
Jolla Beach & Tennis Club, Inc. v. Industrial Indemnity Co.
(1994) 9 Cal.4th 27, 35.) Thus, in an action involving a worker
injured dur... More...
   $0 (07-25-2019 - CA)

Christopher Potter v. Alliance United Insurance Company

Plaintiff and appellant Christopher Potter (Potter) was
injured by Jesus Remedios Avalos-Tovar (Tovar) in an auto
accident. Tovar was insured by defendant and respondent
Alliance United Insurance Company (AUIC), with a maximum
liability limit of $15,000. Potter offered to settle personal injury
claims against Tovar for his policy limit, but AUIC did not
respond to the offer... More...
   $0 (07-24-2019 - CA)

Rebecca Megan Quigley v. Garden Valley Fire Protection District

The Government Claims Act (Gov. Code, § 810 et seq.)
authorizes plaintiffs to bring certain tort claims against public
entities, while also immunizing public entities from liability in
particular circumstances. One of the act’s immunity provisions
bars any statutory liability that might otherwise exist for
injuries resulting from the condition of firefighting equipment
or f... More...
   $0 (07-16-2019 - CA)

Monster Energy Company v. Bruce L. Schechter



Here the parties to a tort action agreed to settle their
lawsuit. Their agreement was reduced to writing and included
several provisions purporting to impose confidentiality
obligations on the parties a... More...
   $0 (07-12-2019 - CA)

Estate of Roscoe Sapp, Sr., Deceased, Amuress Sapp v. Eidth Rodgers, Objector and Appellant

Edith Rogers appeals from her removal as administrator of the estate of her
grandfather Roscoe Sapp, Sr. (decedent), who died in 1994. Armuress Sapp and Brian
Lincoln, two of decedent’s grandsons, separately petitioned to remove Rogers as
administrator. The probate court found Rogers (1) had failed to comply with the court’s
2001 instructions that she and her coadministrator (who d... More...
   $0 (07-07-2019 - CA)

Enrique Esparza v. Safeway, Inc.


Respondents Safeway, Inc. and The Vons Companies,
Inc. (collectively Safeway) formerly maintained a policy or
practice of failing to pay statutorily required premium wages
when, if ever, Safeway violated i... More...
   $0 (07-05-2019 - CA)

Arkady Berger v. Gary Varum

Plaintiff Arkady Berger sought to collect an underlying judgment against
defendant Gary Varum and his company, defendant Telesis Engineers, Inc. (jointly the
Varum defendants). Berger alleged the Varum defendants fraudulently transferred assets
to other defendants in an effort to avoid paying the judgment. While Berger’s
enforcement action against the Varum defendants and defendant... More...
   $0 (06-04-2019 - CA)

Southern California Gas Company v. The Superior Court of Los Angeles, First American Wholesale Lending Corporation, Real Party in Interest

This case concerns a massive, months-long leak from a
natural gas storage facility located just outside Los Angeles.
According to the allegations before us, the accident severely
harmed the economy of a nearby suburb. We must decide if local
businesses — none of which allege they suffered personal injury
or property damage — may recover in negligence for income lost
because... More...
   $0 (06-02-2019 - CA)

Tobias Kahan v. City of Richmond

Tobias Kahan purchased property in Richmond, California at a foreclosure sale.
Shortly before the sale, the City of Richmond (City) had recorded a “special assessment”
lien against the property for unpaid garbage collection fees, pursuant to a municipal
ordinance. When Kahan later sold the property, he had to pay the delinquent garbage
fees as well as administrative charges and esc... More...
   $0 (05-26-2019 - CA)

Ralph Colombo v. Kinkle, Rodiger & Spriggs

A vexatious litigant’s request to sue his attorneys for legal malpractice was
denied by the superior court, as was his motion for reconsideration of that request. This
court denied extraordinary relief. Undaunted, the vexatious litigant asked a different
presiding judge to give him leave to file the identical legal malpractice complaint. This
time, his request was granted and the c... More...
   $0 (05-20-2019 - CA)

Aurora Le Mere v. Los Angeles Unified School District

Appellant Aurora Le Mere was a teacher employed by the
Los Angeles Unified School District (LAUSD) for 13 years. In
2015, she sued LAUSD and six of its employees, alleging a
pattern of harassment, discrimination and retaliation against her
because she engaged in protected activities. She appeals from a
judgment of dismissal entered after the trial court sustained
LAUSD’s de... More...
   $0 (05-16-2019 - CA)

Mercury Insurance Company, Ricardo Lara, Consumer Watchdog, Intervenor and Appellant

Appeal from a judgment of the Superior Court of Orange County, Gail
Andrea Andler, Judge. Motion to strike portion of intervener’s reply brief and motion for
judicial notice. Motion to strike denied; motion for judicial notice granted. Judgment
reversed and remanded with directions.
Xavier Becerra, Attorney General, Diane S. Shaw, Assistant Attorney
General, Lisa W. Chao, Nhan ... More...
   $0 (05-12-2019 - CA)

Carolyn Cohen v. Kabbalah Centre International, Inc.

Appellant Carolyn Cohen and her company Here We Grow,
Inc., donated about a half million dollars to a San Diego spiritual
group called Kabbalah Centre International, Inc. (“Centre”).
Later Cohen wanted her money back. The trial court ruled she
had no such right. We reverse one of the trial court’s rulings that
concerns $25,000 and affirm all the rest.
I
We summarize the... More...
   $0 (05-08-2019 - CA)

William B. Look, Jr. v. Bela Penovatz

Appellant William Look, Jr. appeals an order of the trial court denying his request
for reimbursement under Family Code section 39501 for funds he expended while
Respondent Bela Penovatz’s then-minor son lived in Look’s household. During the
relevant period, Penovatz (the child’s father) paid child support, pursuant to a court order,
to the child’s mother, who cohabitated with Look... More...
   $0 (04-29-2019 - CA)

Margaret Summers v. Martine Colette


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While serving as a director of a nonprofit public benefit
corporation called Wildlife Waystation, Margaret Summers filedMore...
   $0 (04-16-2019 - CA)

David Dudek, as Trustee, etc. v. Anne Kebisek Dudek, Individually and as Trustee, etc.




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Nosotros hablamos español




Petitioner David Dudek (David)1 appeals from a judgment entered after the trial
court sustained t... More...
   $0 (04-15-2019 - CA)

David Dudek v. Anne Kebisek Dudek

Petitioner David Dudek (David)1 appeals from a judgment entered after the trial
court sustained the demurrer of respondents Anne Kebisek Dudek,2 Tiffany Guzman,
Jeanette M. Kebisek, Mary J. Kebisek, Guillermo Andrade, Maria Sanchez, Ora H. Day,
Tonya Courtney, and Michael Quinn (the respondents) to David's petition (the Petition),
filed pursuant to the Probate Code, to recover mone... More...
   $0 (04-12-2019 - CA)

Vaiula Savea v. YRC Inc.

Plaintiff Vaiula Savea (Savea), employee of defendant YRC Inc. (YRC), filed a
complaint against YRC alleging YRC failed to provide the correct employer name and
address on its wage statements as required by Labor Code section 226,
subdivision (a)(8).1
The trial court sustained YRC’s demurrer to the complaint without
leave to amend, and Savea appeals. He contends the court erre... More...
   $0 (04-10-2019 - CA)

William B. Look, Jr. v. Bela Penovatz




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Appellant William Look, Jr. appeals an order of the trial court denying his request
for reimbursement under Family Code section 39501 for funds he expended while
... More...
   $0 (04-09-2019 - CA)

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