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https://codes.findlaw.com/ca/code-of-civil-procedure/ccp-sect-438.html
California Code, Code of Civil Procedure - CCP § 438. Search California Codes. ... The court has no jurisdiction of the subject of the cause of action alleged in the complaint. (ii) The complaint does not state facts sufficient to constitute a cause of action against that defendant. (2) The motion provided for in this section may be made as to ...
https://www.avvo.com/legal-answers/failure-to-state-facts-sufficient-to-constitute-a--945157.html
Oct 05, 2012 · Does the affirmative defense that “complaint does not state facts sufficient to constitute a cause of action” have the same force as a “general demurrer” to the complaint? YES! It is a general demurrer by definition. I am licensed in California only and my answers on Avvo assume California law.
http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=438.
(ii) The complaint does not state facts sufficient to constitute a cause of action against that defendant. (2) The motion provided for in this section may be made as to either of the following: (A) The entire complaint or cross-complaint or as to any of the causes of action stated therein.
https://law.justia.com/cases/california/court-of-appeal/2d/241/672.html
Bates, 40 Cal. 384, 385.) We conclude, therefore, that because of the insufficiency of the notice served upon appellant the complaint failed to state a cause of action and that the judgment entered upon the complaint may not be sustained. [5] Respondent contends, however, that his complaint is sufficient as a complaint for ejectment.
http://villasislawcenter.com/failure-to-state-a-cause-of-action-vs-lack-of-cause-of-action/
Failure to state a cause of action refers to the insufficiency of the pleading, and is a ground for dismissal under Rule 16 of the Rules of Court.On the other hand, lack of cause action refers to a situation where the evidence does not prove the cause of action alleged in the pleading. x x x If the allegations of the complaint do not aver the concurrence of the elements of cause of action, the ...
https://en.wikipedia.org/wiki/Failure_to_state_a_claim
Technically, a demurrer is not a motion; a party does not file a motion for demurrer nor move the court to demur. Rather, a demurrer is a particular type of pleading and demurring is the act by which a party formally requests the court to dismiss a cause of action (claim) or the entire complaint.
https://www.barkerrodemsandcook.com/MechanicsofFloridaCivilProcedure1.pdf
(trial judge may not dismiss a cause of action on grounds not pleaded because the claim is being dismissed without notice and the opportunity to be heard). A motion to dismiss for failure to state a cause of action pursuant to Rule 1.140(b)(6), tests the legal sufficiency of the complaint’s allegations and its compliance with the pleading
https://en.wikipedia.org/wiki/Cause_of_action
The defendant to a cause of action must file an "Answer" to the complaint in which the claims can be admitted or denied (including denial on the basis of insufficient information in the complaint to form a response). The answer may also contain counterclaims in which the "Counterclaim Plaintiff" states its own causes of action.
http://www.leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=CCP&division=&title=6.&part=2.&chapter=3.&article=1.
(e) The pleading does not state facts sufficient to constitute a cause of action. (f) The pleading is uncertain. As used in this subdivision, “uncertain” includes ambiguous and unintelligible. (g) In an action founded upon a contract, it cannot be ascertained from the pleading whether the contract is written, is oral, or is implied by conduct.
https://www.linkedin.com/pulse/demurrer-complaint-california-nathan-mubasher
Nov 07, 2016 · This will not be successful as the law is settled in California that a demurrer for failure to state a cause of action is not concerned with the likelihood that the plaintiffs will prevail, nor ...
https://law.justia.com/cases/california/court-of-appeal/4th/95/427.html
(Id. at p. 150.) Except for the statement that the filing of the complaint "stopped" the running of the statute of limitations as to the first named defendant, Jeffers does not support the proposition that an action voluntarily dismissed may be resurrected within an …
https://www.courts.ca.gov/documents/2DCA-SHM-Appendix5-Summary-Judgment-and-Demurrer.pdf
If the court believes the complaint does not state a cause of action and cannot be amended to state a cause of actionwill , the court sustain the demurrer without leave to amend and the case is dismissed. The demurrer ruling is an order which, by statute, may not be …
https://www.hipaajournal.com/sue-for-hipaa-violation/
Nov 07, 2017 · Healthcare providers may accidentally or deliberately violate HIPAA Rules, but can a patient sue for a HIPAA violation? While HIPAA does not have a private cause of action, it is possible for patients to take legal action against healthcare providers and obtain damages for violations of state laws.
https://www.avvo.com/topics/summons-and-complaint/advice
Jan 21, 2020 · See C.C.P. § 91(b). A general demurrer challenges a complaint on the ground that the pleading fails to state facts sufficient to constitute a cause of action. See C.C.P. § 430.10(e). Similarly, it challenges an answer on the ground that the answer does not state facts sufficient to constitute a defense See C.C.P. § 430.20(a).
https://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=5195&context=ilj
Whether a complaint states a cause of action may be deter-mined by a demurrer. The evident purpose of our code is that there is no need to answer a complaint, or try an issue, that does not state a cause of action, or would not warrant a judgment by law upon the facts pleaded and proven. Such policy and prin-Author: John D. Welman
https://quizlet.com/86813387/5-pleadings-and-their-requirements-flash-cards/
Motion to dismiss for failure to state a cause of action challenges sufficiency of complaint and asserts it does not state enough facts to contain cause of action. Court will grant motion to dismiss only if, taking all plaintiff's allegations as true, there are not enough facts to show she is entitled to any relief.
https://legal-dictionary.thefreedictionary.com/cause+of+action
The cause of action is the heart of the complaint, which is the Pleading that initiates a lawsuit. Without an adequately stated cause of action the plaintiff's case can be dismissed at the outset. It is not sufficient merely to state that certain events occurred that entitle the plaintiff to relief.
http://www.christian-attorney.net/amend-complaint-motion.html
Summary: California courts generally are to liberally permit amendments to the Complaint during any stage of the case if the defendant is not prejudiced by the delay; such includes adding a new cause of action after the statute of limitations has run if the cause of action is based on the same general set of facts alleged in the original complaint; further included is an amendment naming a ...
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