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Revilla's camp earlier argued before the Sandiganbayan that the court's First Division erred in its December 7 ruling denying his motion for leave to file a demurrer to evidence.
De La Cruz then clarified that Revilla may still file his demurrer but under the risk of losing the chance to present his evidence.
This interpretation is consistent with both the Committee's view, as expressed in its Fifth Report, that the motion to dismiss for failure to state a cause of action resemble the common law demurrer and that a plaintiff should be required to provide evidentiary support for new pleadings, (36) and the principle that "[w]hether a .
Intuit's demurrer to the third amended complaint is set for October.
She thanked the Supreme Court for granting, on a vote of 11-4, the Demurrer to Evidence which, according to legal experts, is tantamount to an acquittal.
Wherefore, premises considered accused's Submission (Demurrer to Evidence) is NOTED, and the attached Demurrer to Evidence is hereby GRANTED.
The court sustained the hospital's demurrer, without leave to amend.
The defendant filed a demurrer to the complaint on July 5, 2005, alleging that three of the claims were preempted by federal law and that the remaining six employment discrimination claims were substantively defective.
The physician-defendant in this case was fortunate that the plaintiffs failed to include the allegations necessary to withstand the challenge posed by his demurrer.
The court granted the demurrer in its entirety, which results in the dismissal of the case against the school district,'' an attorney for the district said.
7742, the California Supreme Court reversed the court of appeal and trial court findings that the plaintiff had failed to properly allege causation so as to survive a demurrer.
On Wednesday, the court sustained without leave to amend Metropolitan's demurrer to the Water Authority's breach of fiduciary duty cause of action.
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