California Demurrer
Practitioner's guide to CCP § 430.10 — mechanics, strategy, and claim-specific playbooks derived from Orange County and Santa Clara County tentative rulings.
Load-Bearing Authorities
Mechanics
Strategy
Claim Types
Tactical Patterns
After the Ruling
Playbooks by Claim Type
Fraud Claims
Specificity, concealment, reliance, SOL, economic loss rule, and Rattagan v. Uber (2024).
Contract Claims
Breach of contract, implied covenant, quasi-contract, statute of frauds, and specific performance.
UCL & Consumer Claims
UCL § 17200, CLRA, and FAL — standing, three prongs, remedies, and safe harbors.
Statute of Limitations
Discovery rule, equitable tolling, continuous accrual, Government Claims Act, and incurability analysis.
Negligence
Duty, breach, causation, and damages for negligence, premises liability, NIED, and professional negligence.
Business Torts
IIPEA, intentional interference, conspiracy, aiding and abetting, alter ego, and CUTSA preemption.
Defamation
Specificity, fact vs. opinion, litigation privilege, common interest privilege, trade libel, actual malice.
Elder Abuse (W&I § 15600)
Status, neglect, financial abuse, corporate ratification, and enhanced remedies under W&I § 15600.
PAGA
LWDA notice, standing, Viking River arbitration split, Estrada manageability, and 2024 reform.
Insurance Bad Faith
Waller coverage threshold, genuine dispute doctrine, Moradi-Shalal, Brandt fees, and Cumis counsel.
Employment Claims (FEHA)
Prima facie elements, adverse action, CRD exhaustion, Tameny public policy, and § 1102.5 whistleblower.
Legal Malpractice
But-for causation, case within a case, fiduciary duty overlap, and RPC 1.4.2(b) rescission.
Privacy & CIPA
Reasonable expectation of privacy, living person requirement, and intersection with other privacy torts.
Other Claims
IIED, habitability, Knox-Keene preemption, ERISA preemption, and interference with economic relations.