Can a plaintiff avoid demurrer by pleading facts or positions in an amended complaint that contradict those in the original complaint?

California, United States of America


The following excerpt is from Valentine v. Gep Cencast, LLC, B251737 (Cal. App. 2014):

1812.) We keep in mind that "[a] plaintiff may not avoid a demurrer by pleading facts or positions in an amended complaint that contradict the facts pleaded in the original complaint or by suppressing facts which prove the pleaded facts false. [Citation.] Likewise, the plaintiff may not plead facts that contradict the facts or positions that the plaintiff pleaded in earlier actions or suppress facts that prove the pleaded facts false. [Citation.]" (Cantu v. Resolution Trust Corp. (1992) 4 Cal.App.4th 857, 877, italics omitted.)

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