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Demurrer Law
 
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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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)

Kenneth K. York v. City of Los Angeles

Kenneth and Annette York (plaintiffs) own a 40-acre parcel
of land in the Hollywood Hills. In 2011, they sought approval
from the City of Los Angeles (City) to build a large house, guest
house, and recreational area on the property. To do so, they also
sought approval of nearly 80,000 cubic yards of grading—more
than 24 times the amount of grading permitted by right. The
Ci... More...
   $0 (04-06-2019 - CA)

Angela Rel v. Pacific Bell Mobile Services




The trial court dismissed this proposed class action lawsuit because plaintiffs
failed to comply with Code of Civil Procedure section 583.310,1 which requires an action
to “be brought to trial within five years after the action is commenced against the
defendant.” The main... More...
   $0 (04-02-2019 - CA)

Pang Yen Chen v. Sharmad Berenjian

After obtaining money judgments against Shazad Berenjian, Pang Yen
Chen sued him and his brother Sharmad Berenjian1
for fraudulent transfer under the
Uniform Voidable Transactions Act (UVTA), Civil Code section 3439 et seq., formerly
known as the Uniform Fraudulent Transfer Act (see Stats. 2015, ch. 44, § 3). Chen
alleged Shazad and Sharmad had attempted to thwart Chen’s attemp... More...
   $0 (03-29-2019 - CA)

Daniel Long v. Forty Niners Football Company, LLC

This is one of many personal-injury lawsuits filed by plaintiff Daniel Long after he
was assaulted following a professional football game. After almost two years of
litigation in San Francisco Superior Court against the San Francisco Forty Niners, Ltd.,
Long learned that the California limited partnership had converted into a Delaware
limited liability company, the Forty Niners Foo... More...
   $0 (03-27-2019 - CA)

George Zakk v. Vin Disel

This case involves a dispute over whether plaintiff and appellant
George Zakk is entitled to be paid and receive an executive producer
credit for a film that is a sequel to a film he had worked on and
developed. Zakk sued defendants Vin Diesel, One Race Films, Inc., and
Revolution Studios1 for breach of an oral contract, breach of an impliedin-fact
contract, intentional interfe... More...
   $0 (03-26-2019 - CA)

James Steinle v. City and County of San Francisco




The facts of this case are undeniably tragic. Kathryn Steinle (“Steinle”), a 32-year-old woman, was shot and killed by Juan Francisco Lopez-Sanchez, an undocumented alien with a criminal record, after he was released from custody by the San Francisco Sheriff’s Department. In this appeal, ... More...
   $0 (03-25-2019 - CA)

Ione Valley Land, Air, and Water Defense Alliance, LLC v. County of Amador, Newman Minerals, LLC, Real Parties in Interest

In 2012, the County of Amador (County) certified a final environmental impact
report (EIR) and approved the Newman Ridge Project (Project), an aggregate quarry and
related facilities near Ione owned by real parties in interest Newman Minerals and others
(Applicants). Ione Valley Land, Air, and Water Defense Alliance, LLC (LAWDA) filed
2
a petition for writ of mandate under the... More...
   $0 (03-24-2019 - CA)

James Alvin Jarvis v. Todd Henry Jarvis

Appellant Jarvis Properties is a limited partnership that owns a two-acre parcel of
land. Its two general partners—appellant Todd Henry Jarvis and respondent James Alvin
Jarvis (brothers)—each own a 50 percent interest in the partnership, which is less than the
majority consent required to act on behalf of the partnership (Corp. Code, § 15904.06,
subd. (a)). The general partners ca... More...
   $0 (03-20-2019 - CA)

Richmond Compassionate Care Collective v. 7 Stars Holistic Foundation

In 2011, pursuant to Richmond Marijuana Ordinance No. 28-10 NS (ordinance),
the City of Richmond issued a medical marijuana collective permit to Richmond
Compassionate Care Collective (RCCC). It was the first collective to obtain such a
permit.
Three other permits were later issued over the ensuing years, to: (1) Richmond
Patients Group (RPG), acting through principals William ... More...
   $0 (03-17-2019 - CA)

1305 Ingraham, LLC. v. City of Los Angeles

This appeal concerns the development of a mixed-use
commercial and affordable housing project at the intersection of
7th Street and Witmer Street in Los Angeles. Appellant 1305
Ingraham, LLC filed an administrative appeal challenging
respondent City of Los Angeles’s project permit compliance
review. The City scheduled but never held a hearing on the
appeal. A few days after... More...
   $0 (03-13-2019 - CA)

Citrus El Dorado, LLC v. Chicago Title Company

A commercial developer lost a parcel of real property in a trustee’s sale following
a nonjudicial foreclosure. It sued the title company that conducted the sale as a trustee.
In this opinion, we conclude that a trustee in such a sale is subject to tort liability only for
the violation of duties established by the deed of trust and governing statutes, unless the
trustee has effectiv... More...
   $0 (03-06-2019 - CA)

Eric Preven v. City of Los Angeles

This appeal concerns the statutory interpretation of one of the public
comment requirements of California’s open meeting law, the Ralph M. Brown
Act, Government Code section 54950 et seq.1
Appellant Eric Preven exercised
his opportunity to address a meeting of the Los Angeles City Council’s
Planning and Land Use Management Committee (PLUM). He was then
denied the opportun... More...
   $0 (03-05-2019 - CA)

Robert Toney, Vanessa Toney, Bob Baldwin, Margie Balwin and Matt Campbell v. City of Midwest City




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Oklahoma City, OK - Robert Toney, Vanessa Toney, Bob Baldwin, Margie Balwin and Matt Campbell sued the City of Midwest City caused storm water runoff ... More...
   $0 (02-28-2019 - OK)

Jorge Fierro v, Landry's Restaurant, Inc.

Plaintiff Jorge Fierro filed the underlying action against defendant Landry's
Restaurants, Inc.,1 seeking remedies for what Fierro alleges to be Landry's Restaurants's
violations of specified California labor laws and wage orders. Fierro asserts claims on
behalf of himself and on behalf of a class of individuals that he alleges is similarly
situated. Landry's Restaurants demurred t... More...
   $0 (02-19-2019 - CA)

Robert Sturm v. Todd Andrew Moyer

The question presented in this case is one of first impression:
Assuming fraudulent intent, can the Uniform Voidable Transactions
2
Act (Civ. Code, § 3439 et seq., formerly known as the Uniform
Fraudulent Transfer Act, or UFTA)1 apply to a premarital agreement in
which the prospective spouses agree that upon marriage each spouse’s
earnings, income, and other property acquir... More...
   $0 (02-17-2019 - CA)

Al Mijares v. Orange County Employees' Retirement System

In this declaratory relief action, the trial court ruled the Orange County
Department of Education (Employer) must pay approximately $3.3 million in additional
contributions to fund pension benefits promised to its employees. Employer argues we
must independently review the legal issues raised in its complaint because the judgment
arises from an order granting a motion for judgment... More...
   $0 (02-16-2019 - CA)

Merilyn Jackson v. Kaiser Foundation Hospitals, Inc.

The record on appeal discloses the following undisputed facts.
On December 29, 2015, Merilyn Jackson, acting in propria persona, filed a
complaint against Kaiser Foundation Hospitals, Inc. (Kaiser), alleging Kaiser had
discriminated against her in violation of the California Fair Employment and Housing
Act (FEHA). After unsuccessfully attempting to serve the summons and complaint,<... More...
   $0 (02-12-2019 - CA)

Sharmalee Goonewardene v. ADP, LLC

Under the Labor Code, an employee who believes he or
she has not been paid the wages due under the applicable labor
statutes and wage orders may bring a civil action against his
or her employer. (See, e.g., Lab. Code, § 1194; Martinez v.
Combs (2010) 49 Cal.4th 35, 49-51; see also Lab. Code, § 2699.)
This case presents the question whether, when an employer
hires an indepen... More...
   $0 (02-10-2019 - CA)

Sharmalee Goonew Ardene v. ADP, LLC

Opinion of the Court by Cantil-Sakauye, C. J.
Under the Labor Code, an employee who believes he or
she has not been paid the wages due under the applicable labor
statutes and wage orders may bring a civil action against his
or her employer. (See, e.g., Lab. Code, § 1194; Martinez v.
Combs (2010) 49 Cal.4th 35, 49-51; see also Lab. Code, § 2699.)
This case presents the quest... More...
   $0 (02-08-2019 - CA)

Skylar Ward v. Tilly's, Inc.

This appeal, which follows an order sustaining a demurrer
without leave to amend, concerns the practice of on-call
scheduling. As alleged, on-call scheduling works this way:
Employees are assigned on-call shifts, but are not told until they
call in two hours before their shifts start whether they should
actually come in to work. If they are told to come in, they are
paid fo... More...
   $0 (02-06-2019 - CA)

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