III courts lack the power to create common-law causes of action
The court noted that these causes would not apply to intentional torts or statutory causes of action
A party may move for judgment dismissing one or more causes of action
asserted against him on the ground that:
At that time, the court is expected to consider Imperial Irrigation District's motion to obtain discovery relating to the original action challenging the rates and Metropolitan's motion to bifurcate the initial rate challenge from the remaining causes of action
in SDCWA's first amended petition filed last October.
3078(11) (relating to property damages) apply to strict liability causes of action
brought under [section] 376.
In Knuckles, TC Memo 196433, the petitioner's attorney tried to turn a contract action into a personal injury action at settlement time by filing a second complaint stating tort-type causes of action
All of the causes of action
alleged by MSGI, with the exception of the conversion cause of action remain, including claims for alter ego.
There's nothing unusual about a defendant trying to narrow the causes of action
to one cause of action.
It wrote, "New Jersey courts have recognized causes of action
for professional negligence against chiropractors, accountants, and real estate brokers.
Lawsuit Against Smart For Life Weight Management Centers Franchisor and Principal Sasson Moulavi Alleges Trademark Infringement, Cyberpiracy, Lanham Act Violations and Other Causes of Action
On January 26, 2005 the Court issued its rulings dismissing all the causes of action
in the complaint as follows:
The court sustained all of the demurrers, three of which were sustained without leave to amend, those causes of action
being the ones that deal with allegations that there was racial tension between the boys, racial slurs used by the other boy, or discrimination on the part of the school district,'' Carpenter said.
Today, we again emphasize that by recognizing that the economic loss rule may have some genuine, but limited, value in our damages law, we never intended to bar well-established common law causes of action
, such as those for neglect in providing professional services.
The causes of action
set forth in the Complaint include: professional negligence, breach of contract, intentional misrepresentation, negligent misrepresentation and breach of fiduciary duty.
PLAINTIFF'S (CROSS-DEFENDANT) DEMURRER TO CAUSES OF ACTION
1,2,4 & 5 OF DEFENDANT'S (CROSS-COMPLAINANT) FIRST AMENDED CROSS-COMPLAINT IS OVERRULED IN ITS ENTIRETY.