How does a de novo review apply to an order sustaining a demurrer?

California, United States of America


The following excerpt is from SI 59 LLC v. Variel Warner Ventures, LLC, 239 Cal.Rptr.3d 788, 29 Cal.App.5th 146 (Cal. App. 2018):

We apply de novo review to an order sustaining a demurrer. A trial courts decision to deny leave to amend will be left undisturbed unless we conclude that there was an abuse of discretion. ( Aubry v. Tri-City Hospital Dist. (1992) 2 Cal.4th 962, 966967, 9 Cal.Rptr.2d 92, 831 P.2d 317 ;

[239 Cal.Rptr.3d 793]

Montclair Parkowners Assn. v. City of Montclair (1999) 76 Cal.App.4th 784, 790, 90 Cal.Rptr.2d 598.)

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