Tag Archives: Demurrer

Prescriptive Easement Allegations Indicating That The Plaintiff’s Use Of A Road For Primary Residential Use Was More Expansive Than The Restrictive, Emergency And Secondary Access Use Language Contained In Original Recorded Easement Grant Was Sufficiently “Adverse” To Survive A Demurrer.

In McBride v. Smith, (2018) 18 Cal.App.5th 1160, the court of appeal held that a prescriptive easement claim can survive a demurrer (that is, a which is a motion to dismiss brought early in the case), where allegations in the … Continue reading

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Court Rejects Third Party Administrator’s Demurrer to Insurance Bad Faith Claim Based on Plaintiffs’ Theory of Joint Venture Liability

Implied in every insurance contract is a promise of “good faith and fair dealing,” which means that the insurer must not take unreasonable steps to prevent an insured’s right to receive benefits under the policy. To comply with its promise … Continue reading

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