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The trial court erred in sustaining defendant's demurrer to this complaint seeking payment for construction work.  The demurrer claimed that the services had been provided by an unlicensed contractor and that B&P Code 7031 therefore barred recovery.  The issue in the case was which of two affiliated corporations had really contracted to and in fact provided the contracting services, the… Read More

This decision affirms a demurrer to numerous claims by sellers against eBay for various charges and other policies it enforces against them under its user agreement.  Although the user agreement is an adhesion contract, the decision holds that it and eBau's policies are published on its website, and though they are lengthy, sellers are under no time pressure to agree. … Read More

Ordinarily, when a complaint alleges a stand-alone claim for declaratory relief and properly alleges the existence of an existing controversy, the trial court should not grant a demurrer because the plaintiff is entitled to a declaration of rights even if unfavorable.  However, the error is not prejudicial if the declaration would be in the defendant's favor.  The appellate opinion affirming… Read More

Reconciling Delta Imports, Inc. v. Municipal Court (1983) 146 Cal.App.3d 1033 and Borsuk v. Appellate Division (2015) 242 Cal.App.4th 607, this decision holds that a defendant in an unlawful detainer action may bring a motion to quash the special 5-day unlawful detainer summons on the ground that the complaint either alleges a claim entirely different from an unlawful detainer claim… Read More

Brown, a teacher, complained that the electro-magnetic waves emanating from the new wi-fi system installed in her school caused her chronic pain, headaches, nausea, itching, burning sensations on her skin, ear issues, shortness of breath, inflammation, heart palpitations, respiratory complications, foggy headedness, and fatigue.  She reported her symptoms to the school, which initially gave her the option of having it… Read More

While a plaintiff may raise new legal theories on appeal from a dismissal on a general demurrer attacking the legal sufficiency of the complaint's factual allegations, that rule does not apply to an appeal from a dismissal on the ground that the claims alleged in the complaint are barred by the compulsory cross-complaint rule codified in CCP 426.10.  An appellate… Read More

It is error to dismiss an original complaint without leave to amend unless the complaint discloses on its face a reason why it cannot be amended to state a viable claim.  On appeal from such a dismissal, the appellant need not show anything in the record demonstrates that the complaint can be amended to allege a viable claim; rather, the… Read More