What is the test for a demurrer under the tender rule?
California, United States of America
The following excerpt is from Feldman v. BAC Home Loans Servicing, LP, (Cal. App. 2013):
In sum, appellant's complaint failed to allege any facts implicating a valid exception to the tender rule, and "[i]n the absence of an allegation of tender or offer of tender, the trial court properly sustained the demurrer[] without leave to amend." (Shuster v. BAC Home Loans Servicing, LP, supra, 211 Cal.App.4th at pp. 512, 513.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does the "right ruling, wrong reasoning" rule apply to an evidentiary ruling that required the trial court to make findings of fact? (California, United States of America)
Does a statement by an appellate court of a rule of law necessary to the decision of the case on appeal conclusively establish that rule? (California, United States of America)
Can a defendant manipulate the rule of rule 31(d) to bypass the statutory certificate requirement under section 1237.5 of the Criminal Code? (California, United States of America)
Does the tender rule apply when a deed of trust is invalid? (California, United States of America)
What is the test for an appeal from a ruling on demurrer to the first amended complaint? (California, United States of America)
Does the "rule of lenity" apply to a defendant who has tendered an ambiguity in the California Criminal Code? (California, United States of America)
What is the law of the case rule on the doctrine of law-of-the case rule? (California, United States of America)
What are the implications of rule 2-200 of the California Medical Association Rule 2,200 for medical malpractice? (California, United States of America)
Does the tender rule apply in real estate transactions? (California, United States of America)
What is the general rule on appeal after a demurrer is sustained? (California, United States of America)
