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California Order Sustaining Defendants Demurrer to Complaint without...

Santa Clara California Order Sustaining Defendants Demurrer to Complaint without Leave to Amend

Name: Santa Clara California Order Sustaining Defendants Demurrer to Complaint without Leave to Amend
Brand: US Legal Forms
Rating: 4.7 (418 reviews)

Category:

California Civil Procedure - Demurrer

State:

California

County:

Santa Clara

Control #:

CA-5058-KL

Format:

Instant download

Description

This form is an Order Sustaining Defendant's Demurrer to a Complaint without Leave to Amend. The document must be signed by the issuing judge.

Description: A Santa Clara California Order Sustaining Defendants Demurrer to Complaint without Leave to Amend refers to a legal ruling issued by a court in Santa Clara County, California, where the defendants have successfully filed a demurrer to the plaintiff's complaint, resulting in the court sustaining the demurrer without granting the plaintiff leave to amend their complaint. This ruling effectively dismisses the plaintiff's claims in its current form. The order is typically issued by a judge after evaluating the defendants' demurrer, which challenges the legal sufficiency of the plaintiff's complaint. The defendants assert that even if the facts alleged by the plaintiff are true, they do not support a valid legal claim. By sustaining the demurrer without permitting the plaintiff to amend the complaint, the court concludes that the plaintiff cannot fix the deficiencies in their claims through amendments. In Santa Clara County, there might be multiple variations of the Santa Clara California Order Sustaining Defendants Demurrer to Complaint without Leave to Amend, based on the specific lawsuit and legal arguments presented. Some potential types include: 1. Santa Clara California Order Sustaining Defendants Demurrer to Complaint without Leave to Amend: Breach of Contract — This type of demurrer could occur when the defendants argue that the plaintiff's claims of breach of contract lack essential elements or fail to articulate details necessary to support the cause of action. 2. Santa Clara California Order Sustaining Defendants Demurrer to Complaint without Leave to Amend: Fraudulent Misrepresentation — In such a case, the defendants contend that the plaintiff's allegations of fraudulent misrepresentation lack factual specificity or do not meet the required legal standards, warranting dismissal without leave to amend. 3. Santa Clara California Order Sustaining Defendants Demurrer to Complaint without Leave to Amend: Personal Injury — This demurrer type might arise when the defendants argue that the plaintiff's personal injury claims fail to state specific negligence or causation elements, rendering the complaint legally insufficient. 4. Santa Clara California Order Sustaining Defendants Demurrer to Complaint without Leave to Amend: Employment Discrimination — This demurrer could be applicable if the defendants believe that the plaintiff's complaint of employment discrimination does not adequately state a cause of action based on applicable employment laws or fails to provide necessary factual support. It is important to note that the specific variations of Santa Clara California Order Sustaining Defendants Demurrer to Complaint without Leave to Amend may vary depending on the unique circumstances of each case filed within Santa Clara County.

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3 An order sustaining a demurrer without leave to amend is nonappealable, and the appeal must be taken from the ensuing judgment. (See Berri v. Superior Court, 43 Cal. 2d 856, 860 279 P.

A demurrer is a legal objection to the sufficiency of a pleading, attacking what appears on the face of the document and seeking dismissal of a case against the defendant. The demurrer must be made in open court before a plea is entered unless the court allows it to be made at a later time.

To survive a demurrer, a complaint must plead specific facts to establish every element of a cause of action. (Cantu v. Resolution Trust Corp. (1992) 4 Cal.

In lay terms, a judge who sustains a demurrer is saying that the law does not recognize a legal claim for the facts stated by the complaining party. If the judge overrules a demurrer, the court is allowing the claim or case to proceed.

(g) Leave to answer or amend Following a ruling on a demurrer, unless otherwise ordered, leave to answer or amend within 10 days is deemed granted, except for actions in forcible entry, forcible detainer, or unlawful detainer in which case 5 calendar days is deemed granted.

§ 472, amended complaints can no longer be filed on the eve of a demurrer hearing. Instead, an amendment designed to moot a demurrer must be filed and served when the opposition to the demurrer is due.

(b) Service of complaint When the complaint is amended to add a defendant, the added defendant must be served and proof of service must be filed within 30 days after the filing of the amended complaint.

If the court believes the complaint does not state a cause of action and cannot be amended to state a cause of action, the court will sustain the demurrer without leave to amend and the case is dismissed. The demurrer ruling is an order which, by statute, may not be appealed.

3 An order sustaining a demurrer without leave to amend is nonappealable, and the appeal must be taken from the ensuing judgment. (See Berri v. Superior Court, 43 Cal. 2d 856, 860 279 P.

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Court of. California,. The second order was on February 9, 2011, when the trial court sustained defendants' demurrer to the first amended complaint with leave to amend.SPS RJN, ECF No. 19-5. Pursuant to California Penal Code Secs. The trial court sustained Oakwood's demurrer to the first amended complaint without leave to amend. Santa Clara County Bd. of Supervisors (2010) 48 Cal. Defendants' Memorandum of Points and Authorities in Support of Demurrer to Complaint (BC685730). The burden is on plaintiff, however, to. We conclude that Lewis failed to establish that she. The trial court sustained defendant's demurrer to plaintiffs' first amended complaint, without leave to amend.

We cannot agree with defendants that, even if Lewis had gone through this motion, she could have overcome this demurrer. See People v. Jurado, (2006× 45 886, 891 ×34 643, 945 1351] [discounting plaintiff's demurrer to a demurrer for relief of breach of a fiduciary duty and awarding sanctions if that complaint was timely filed and plaintiff failed to prove the existence of a duty×. [7] We do not conclude that plaintiff failed to prove a causal link between the misconduct alleged and her termination from the Santa Clara County's Public Works Authority. We conclude that the County has established a prima facie case of negligence. On the first of November 2006, plaintiff began working for the County, at that point, on a full-time basis to perform certain related duties such as maintenance of county vehicles and work in public works.

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Santa Clara California Order Sustaining Defendants Demurrer to Complaint without Leave to Amend

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