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Demurrer Law
 
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)

Harmony Gold U.S.A., Inc. v County of Los Angeles

This appeal requires us to consider two Revenue
and Taxation Code1 sections that address a real property’s
“base-year value” (base value), a core metric for assessing
property taxes in California. Specifically, we must consider the
interplay between section 51.5, subdivision (a), which removes
any otherwise applicable time limits on the assessor’s ability
to correct base va... More...
   $0 (01-31-2019 - CA)

Michelle A. Pont v. Jeffery D. Pont

Michelle Pont1 appeals from a $90,000 award in attorney
fees and costs in favor of her ex-spouse Jeffery Pont. The parties
were initially engaged in a marital proceeding, which they
resolved by entering into a stipulated judgment. That judgment
included a release, continued family law court enforcement
jurisdiction, and attorney fees to the prevailing party who was
“forced ... More...
   $0 (01-17-2019 - CA)

James Smyth v. Daryl Ann Berman

A tenant rented a building for his audio recording business
under several written leases, the most recent of which contained
an undefined “right of first refusal to purchase.” After the
landlord signed a contract to sell the building to a third party, the
tenant submitted an offer to purchase it, but the landlord
rejected the offer because the third party’s offer was for
“c... More...
   $0 (01-15-2019 - CA)

Robert A. Brown v. Stewart Mortensen




This case resolves two obscure and previously unaddressed
state constitutional issues: Does article I, section 16 of the
California Constitution guarantee the right to a jury tri... More...
   $0 (01-04-2019 - CA)

San Diego Unified School District v. Betty Yee




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Plaintiffs and appellants San Diego Unified School District, Clovis Unified School
District, Poway Unified School District, San Jose Unified Schoo... More...
   $0 (12-30-2018 - CA)

Jamie L. Etcheson v. FCA US LLC




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Plaintiffs and appellants Jamie L. Etcheson and Kelly M. Etcheson brought an
action under the Song-Beverly Consumer Warranty Act (Civ. Code,1 § 17... More...
   $0 (12-29-2018 - CA)

San Diego Unified School District v. Betty Yee, as State Controller

Plaintiffs and appellants San Diego Unified School District, Clovis Unified School
District, Poway Unified School District, San Jose Unified School District, Newport-Mesa
Unified School District, and Grossmont Union High School District (the Districts) appeal
from an order sustaining without leave to amend the demurrer of defendant and
respondent State Controller Betty Yee (the Con... More...
   $0 (12-28-2018 - CA)

Joanna Modacure v. B&B Vehicle Processing, Inc.

Plaintiff and appellant Joanna Modacure (plaintiff) appeals from the trial court’s
dismissal of her Second Amended Complaint (SAC) after the court sustained the
defendants’ demurrer without leave to amend. We reverse as to one of the two causes of
action in the SAC.
On review of a demurrer sustained without leave to amend, we accept the factual
allegations of the complaint as t... More...
   $0 (12-22-2018 - CA)

Bethany Modisette v. Apple, Inc.

Bethany and James Modisette, along with their daughter Isabella, sued Apple Inc.
after they were seriously injured, and their daughter Moriah was killed, when a driver
using the FaceTime application on his iPhone crashed into their car on a Texas highway.
The trial court sustained Apple’s demurrer to the Modisettes’ first amended complaint
and dismissed the action. The Modisettes a... More...
   $0 (12-16-2018 - CA)

Mitchell Sims v. Scott Kernan, as Secretary of Department of Corrections and Rehabilitation, etc.

California law provides that the death penalty shall be inflicted by either lethal gas
or by “an intravenous injection of a substance or substances in a lethal quantity sufficient
to cause death, by standards established under the direction of the Department of
Corrections and Rehabilitation.” (Pen. Code, § 3604, subd. (a).)1
The question in this
case is whether that statute i... More...
   $0 (12-16-2018 - CA)

Robert Genisman v. Hopkins Carley

In this legal malpractice action, appellant Robert Genisman alleges his former
attorneys, Hopkins Carley and Mark Heyl (collectively respondents), were negligent in
their representation of him in connection with the 2005 sale of his ownership interest in
two private companies (the Transaction). Genisman alleges the Transaction initially was
structured as a buyout and respondents re... More...
   $0 (12-09-2018 - CA)

Devon Torrey Love v. State Department of Education

The California Court of Appeal, Second Appellate District recently rejected
various constitutional challenges to Senate Bill No. 277. (Brown v. Smith (2018) 24
Cal.App.5th 1135 [rejecting claims Sen. Bill No. 277 violated four provisions of the
California Constitution: the free exercise of religion, the right to a public education,
equal protection, and substantive due process].) S... More...
   $0 (12-08-2018 - CA)

Travelers Property Casualty Company of America v. Engel Insulation, Inc.

Plaintiffs Travelers Property Casualty Company of America, the Travelers
Indemnity Company of Connecticut, and St. Paul Fire and Marine Insurance Company
(collectively, Travelers) filed this action against certain subcontractors to recover
attorneys’ fees and costs Travelers incurred in defending developers Westlake Villas,
LLC and Meer Capital Partners, LLC (collectively, Westlak... More...
   $0 (12-02-2018 - CA)

Professional Tax Appeal v. Kennedy-Wilson Holdings, Inc.

This is an appeal from the sustaining of a demurrer
without leave to amend. Plaintiff and appellant Professional Tax
Appeal entered a contract with the owner of vacant land by which
plaintiff agreed on a contingent fee basis to seek 2009 and 2010
property tax reductions. The property tax appeals succeeded in
reducing the assessed value of the vacant land by millions of
doll... More...
   $0 (11-24-2018 - CA)

SI 59, LLC v. Variel Warner Ventures, LLC

SI 59 LLC (appellant) appeals from a judgment of dismissal
following a demurrer to its Second Amended Complaint (SAC) by
Variel Warner Ventures, LLC (Variel Warner), Variel Builders,
LLC, (Variel Builders), Verdugo Management & Investment, Inc.
(Verdugo), Troxler Residential Ventures XIX, LLC (Troxler), and
Troxler Venture Partners, Inc. (Troxler Venture) (collectively
resp... More...
   $0 (11-19-2018 - CA)

Robert Genisman v. Hopkins Carley

In this legal malpractice action, appellant Robert Genisman alleges his former
attorneys, Hopkins Carley and Mark Heyl (collectively respondents), were negligent in
their representation of him in connection with the 2005 sale of his ownership interest in
two private companies (the Transaction). Genisman alleges the Transaction initially was
structured as a buyout and respondents re... More...
   $0 (11-15-2018 - CA)

Bear Creek Master Association v. Southern California Investors, Inc.

In this case, the parties dispute which of their recorded liens against a golf course
property has priority. In 2013, defendant, cross-complainant, and respondent, Southern
California Investors, Inc. (SCI), recorded a third deed of trust against the golf course
property. In 2014, plaintiff, cross-defendant, and appellant, Bear Creek Master
Association (BCMA), a homeowners associati... More...
   $0 (11-12-2018 - CA)

1550 Laurel Owner's Association v. Appellate Division of the Superior Court of Los Angeles County, Stephen Munshi, Real Party in Interest




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No appearance for Respondent Appellate Division of the
Superior Court of California, County o... More...
   $0 (11-10-2018 - CA)

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