Trellis Blog - Legal Analytics

Overburdened Dockets: The California Demurrer

May 29, 2019 12:28:06 PM / by Caitlin Davis posted in california, litigation, supreme court, federal, state court, state law, motion to dismiss, motion for demurrer, demurrer

The United States District Courts adopted the Federal Rules of Civil Procedure (FRCP) in 1938. Drafted in reference to the types of cases most common at the time, these rules were designed to regulate pre-trial pleading and discovery practices. In doing so, they presented three pre-trial mechanisms for undermining a plaintiff’s complaint, one of which is a motion to dismiss—Rule 12(b)(6).
Read More

Motions to Dismiss: A Loosely Defined Power

May 23, 2019 11:30:00 AM / by Caitlin Davis posted in litigation, judge analysis, state court, state law, motion to dismiss

The California Code of Civil Procedure presents an elaborate statutory scheme through which a defendant can dismiss an action. Broadly stipulated in section 581(b), these provisions concern the logistics of court proceedings. Has the case been abandoned by the plaintiff? Has either party not appeared at trial? Has a plaintiff failed to amend a successfully demurred complaint? Throughout California this code has brought mixed results over the years.
Read More

Subscribe to Email Updates

Recent Posts