Sharp motion (California) · Go Syfert
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Sharp motion in California

5 California opinions name it 1 courts 1989–2015 0 in the last five years

The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
Hughes v. Western MacArthur Co.green
calctapp · 1987 · cited in 2 California opinions naming this issue, 1989–1989
2 sentences

1989(Hughes v. Western MacArthur Co. (1987) 192 Cal.App.3d 951 , 954-955 [ 237 Cal.Rptr. 738 ].) Sharp’s motion, while labeled a motion to strike, attacked Pierson’s strict liability claim on the ground it failed to state facts sufficient to constitute a cause of action.

1989(Hughes v. Western MacArthur Co. (1987) 192 Cal.App.3d 951 , 954-955 [ 237 Cal.Rptr. 738 ].) Sharp’s motion, while labeled a motion to strike, attacked Pierson’s strict liability claim on the ground it failed to state facts sufficient to constitute a cause of action.

12
Ticconi v. Blue Shield of California Life & Health Insurancegreen
calctapp · 2008 · cited in 1 California opinions naming this issue, 2010–2010
2 sentences

2010Co. (2008) 160 Cal.App.4th 528, 539 [ 72 Cal.Rptr.3d 888 ].) The SAC alleges that the predicate for the UCL claim of unlawfulness is Sharp’s violation of provisions of the CLRA. 5 “ ‘ “The [CLRA], enacted in 1970, ‘established a nonexclusive statutory remedy for “unfair methods of competition and unfair or deceptive acts or practices undertaken by any person in a transaction intended to result or which results in the sale or lease of goods or services to any consumer. . . .” [Citation.]’ ” [Citation.] “The self-declared purposes of the act are ‘to protect consumers against unfair and deceptive

2010Co. (2008) 160 Cal.App.4th 528, 539 [ 72 Cal.Rptr.3d 888 ].) The SAC alleges that the predicate for the UCL claim of unlawfulness is Sharp’s violation of provisions of the CLRA. 5 “ ‘ “The [CLRA], enacted in 1970, ‘established a nonexclusive statutory remedy for “unfair methods of competition and unfair or deceptive acts or practices undertaken by any person in a transaction intended to result or which results in the sale or lease of goods or services to any consumer. . . .” [Citation.]’ ” [Citation.] “The self-declared purposes of the act are ‘to protect consumers against unfair and deceptive

11
Bardin v. DaimlerChrysler Corp.green
calctapp · 2006 · cited in 1 California opinions naming this issue, 2010–2010
2 sentences

2010Co. (2008) 160 Cal.App.4th 528, 539 [ 72 Cal.Rptr.3d 888 ].) The SAC alleges that the predicate for the UCL claim of unlawfulness is Sharp’s violation of provisions of the CLRA. 5 “ ‘ “The [CLRA], enacted in 1970, ‘established a nonexclusive statutory remedy for “unfair methods of competition and unfair or deceptive acts or practices undertaken by any person in a transaction intended to result or which results in the sale or lease of goods or services to any consumer. . . .” [Citation.]’ ” [Citation.] “The self-declared purposes of the act are ‘to protect consumers against unfair and deceptive

2010Co. (2008) 160 Cal.App.4th 528, 539 [ 72 Cal.Rptr.3d 888 ].) The SAC alleges that the predicate for the UCL claim of unlawfulness is Sharp’s violation of provisions of the CLRA. 5 “ ‘ “The [CLRA], enacted in 1970, ‘established a nonexclusive statutory remedy for “unfair methods of competition and unfair or deceptive acts or practices undertaken by any person in a transaction intended to result or which results in the sale or lease of goods or services to any consumer. . . .” [Citation.]’ ” [Citation.] “The self-declared purposes of the act are ‘to protect consumers against unfair and deceptive

11
Warren v. Atchison, Topeka & Santa Fe Railway Co.green
calctapp · 1971 · cited in 1 California opinions naming this issue, 1989–1989
2 sentences

1989Co. (1971) 19 Cal. App.3d 24, 41 [ 96 Cal. Rptr. 317 ].) (2) A motion for judgment on pleadings is made on the same grounds and decided on the same basis as a general demurrer; judgment on the pleadings will be granted if the complaint on its face fails to state a cause of action. ( Hughes v. *343 Western MacArthur Co. (1987) 192 Cal. App.3d 951, 954-955 [ 237 Cal. Rptr. 738 ].) (3) Sharp's motion, while labeled a motion to strike, attacked Pierson's strict liability claim on the ground it failed to state facts sufficient to constitute a cause of action.

1989Co. (1971) 19 Cal. App.3d 24, 41 [ 96 Cal. Rptr. 317 ].) (2) A motion for judgment on pleadings is made on the same grounds and decided on the same basis as a general demurrer; judgment on the pleadings will be granted if the complaint on its face fails to state a cause of action. ( Hughes v. *343 Western MacArthur Co. (1987) 192 Cal. App.3d 951, 954-955 [ 237 Cal. Rptr. 738 ].) (3) Sharp's motion, while labeled a motion to strike, attacked Pierson's strict liability claim on the ground it failed to state facts sufficient to constitute a cause of action.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in California. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Minish v. Hanuman Fellowship green
calctapp · 2013
1 sentence

2015We are not considering the documents for their truth. 5 The court’s summary judgment order did indeed suggest that it considered the truth of some of Kaye’s statements in the Sharp brief and answer because they were “judicial admissions.” This mischaracterized the statements. “‘A judicial admission is a party’s unequivocal concession of the truth of a matter, and removes the matter as an issue in the case.’” (Minish v. Hanuman Fellowship, supra, 214 Cal.App.4th at p. 456 .) A party may make judicial admissions in a pleading, by stipulation at trial, or in response to a request for admission.

12015–2015
Myers v. Trendwest Resorts, Inc. green
calctapp · 2009
1 sentence

2015(Myers v. Trendwest Resorts, Inc. (2009) 178 Cal.App.4th 735, 746 .) But “[n]ot every document filed by a party constitutes a pleading from which a judicial admission may be extracted.” (Ibid.) Only complaints, demurrers, answers, and cross-complaints constitute pleadings.

12015–2015
Joseph Figueroa, Plaintiff-Appellee-Cross-Appellant v. Campbell Industries, Defendant-Appellant-Cross-Appellee green
ca9 · 1995
2 sentences

1997Corp., supra, 973 F.2d at p. 426 .) In Figueroa v. Campbell Industries, supra, 45 F.3d 311 , a California shipyard worker and tugboat operator alleged injury occurred while he was aboard a tugboat used in ship construction and repair that was tied to a San Diego dock.

1997Corp., supra, 973 F.2d at p. 426 .) In Figueroa v. Campbell Industries, supra, 45 F.3d 311 , a California shipyard worker and tugboat operator alleged injury occurred while he was aboard a tugboat used in ship construction and repair that was tied to a San Diego dock.

11997–1997

Where else courts name it

CA 5 (1989–2015) IN 5 (2005–2015) AL 3 (1987–2010) WA 3 (2001–2024) NY 2 (2011–2020) GA 2 (2010–2011)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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