What is the test for dismissing a general and special cause of action?

California, United States of America


The following excerpt is from Legg v. Breitenbach, 17 Cal.Rptr. 815, 198 Cal.App.2d 206 (Cal. App. 1961):

The first six causes of action set forth substantially the same facts and are phrased in substantially the same language as the complaint in a previous action entitled Legg v. Brody, 187 Cal.App.2d 79, 9 Cal.Rptr. 593. In that case the appellate court affirmed a dismissal entered after a demurrer (both general and special) to the complaint was sustained. There, as here, one of the grounds of the demurrer was the unintelligibility of the complaint, and the court found this ground a sufficient basis for its affirmance.

Page 816

Other Questions


In a personal injury action brought by a former wife against her ex-partner in a civil action, in addition to a similar action against the husband in a separate action, can the court order return to husband in the civil action? (California, United States of America)
Can a plaintiff bring an inverse condemnation action against a governmental entity for damage caused to private property caused by a governmental action? (California, United States of America)
What causes of action can a plaintiff bring in a common law cause of action for emotional distress and wrongful discharge? (California, United States of America)
Is a permit issue a cause of action for breach of contract, fraud and related causes of action? (California, United States of America)
When an underlying action is voluntarily dismissed, can the underlying action be dismissed? (California, United States of America)
Does a voluntary dismissal of an action result in a judgment in the absence of a defendant as to whom the action was dismissed? (California, United States of America)
Does a voluntary dismissal of an action result in a judgment in the absence of a defendant as to whom the action was dismissed? (California, United States of America)
What is the test for dismissing with prejudice each of the causes of action as to all parties including fictitious defendants? (California, United States of America)
Can a party continue to prosecute an action after becoming aware that the action lacks probable cause? (California, United States of America)
What is the standard of review in cases where the trial court dismisses a cause of action based on the doctrine of judicial abstention? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.