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If the demurrer is granted without prejudice and/or with leave to amend, then the plaintiff may correct errors filing a corrected and/or amended complaint. Demurrers sustained with prejudice are reserved for when the judge determines a plaintiff cannot cure or fix the complaint by rewriting or amending it.
The court sustained this demurrer without leave to amend, which means Pitt can't recover his attorneys' fees either. The source says that another claim was for a constructive trust -- a request ...
Before trial, the Superior Court granted Atkinson's motion for summary judgment on the fraud and deceit claim as initially filed, and sustained his demurrer to the claim as amended without further leave to amend (which operated as a dismissal of that claim). In 1986, the case went to trial on Perry's remaining claim for emotional distress.
Defendants filed general demurrers. The court sustained the demurrers as to the first and second "causes of action" with leave to amend, and as to the third and fourth "causes of action" without leave to amend. Plaintiff elected to stand on her complaint as previously amended, and a judgment dismissing the entire action was therefore entered.
In law, a motion to set aside judgment is an application to overturn or set aside a court's judgment, verdict or other final ruling in a case. [1] [2] Such a motion is proposed by a party who is dissatisfied with the result of a case.
From January 2008 to July 2011, if you bought shares in companies when Charles M. Lillis joined the board, and sold them when he left, you would have a -75.6 percent return on your investment, compared to a -9.3 percent return from the S&P 500.
A demurrer may be filed before or at the same time as an answer is filed, but not afterward, except with the permission of the court. If the demurrer is sustained, it is usually done so without prejudice and giving the plaintiff a set time to respond by filing an amended complaint which cures the defects of the original complaint.
From January 2008 to May 2011, if you bought shares in companies when John H. Biggs joined the board, and sold them when he left, you would have a -9.2 percent return on your investment, compared to a -7.3 percent return from the S&P 500.