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Law Dictionary: California: Law Dictionary: Table of Contents

iLaw Dictionary
California
Law Dictionary
Standard of Review-Demurrer
(Milligan v. Golden Gate Bridge)

Standard of Review-Demurrer Wthout Leave to Amend
(Milligan v. Golden Gate Bridge)

II. DISCUSSION[2]

A. Standard of Review

“A demurrer tests the legal sufficiency of the complaint . . . .” (Hernandez v. City of Pomona (1996) 49 Cal.App.4th 1492, 1497.) On appeal from a dismissal following an order sustaining a demurrer, we assume the truth of all facts properly pleaded in the complaint, as well as those that may be implied or inferred from the express allegations. (Marshall v. Gibson, Dunn & Crutcher (1995) 37 Cal.App.4th 1397, 1403.) “We do not, however, assume the truth of contentions, deductions, or conclusions of fact or law.” (Moore v. Regents of University of California (1990) 51 Cal.3d 120, 125.) When analyzing a demurrer, we look “only to the face of the pleadings and to matters judicially noticeable and not to the evidence or other extrinsic matter.” (Knickerbocker v. City of Stockton (1988) 199 Cal.App.3d 235, 239, fn. 2.) We are “not bound by the trial court’s construction of the complaint . . . .” (Wilner v. Sunset Life Ins. Co. (2000) 78 Cal.App.4th 952, 958.) Rather, we independently evaluate the complaint, construing it liberally, giving it a reasonable interpretation, reading it as a whole, and viewing its parts in context. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) We must determine de novo whether the factual allegations of the complaint are adequate to state a cause of action under any legal theory. (Quelimane Co. v. Stewart Title Guaranty Co. (1998) 19 Cal.4th 26, 38.) If a complaint does not state a cause of action, but there is a reasonable possibility that the defect can be cured by amendment, leave to amend must be granted. (Id. at p. 39.)

Milligan v. Golden Gate Bridge A102843

Jun 30 2004

A102843
[PDF] [DOC]

Milligan v. Golden Gate Bridge etc. 6/4/04 CA1/5

California: Authoritative-Law Dictionary: Table of Contents
Demurrer-Grounds-Failure to Plead -Exhaustion Administrative Remedires-(Shuer v. Co.San Diego)
Demurrer, Standard of Review-Demurrer (Coldwell Banker v. Super. Ct.)
Demurrer-Standard of Review-Demurrer-(WOLA)-(Shuer v. Co. of San Diego)
Demurrer, Standard of Review-Demurrer Without Leave to Amend-(Liska v. Arns Law Firm)