In reviewing a judgment of dismissal after a demurrer is sustained without leave to amend, does the judge assume the truth of all properly pleaded facts?

California, United States of America


The following excerpt is from De Jesus v. Aurora Loan Servs. LLC, B251852 (Cal. App. 2015):

"In reviewing a judgment of dismissal after a demurrer is sustained without leave to amend, we assume the truth of all properly pleaded facts. We examine the complaint's factual allegations to determine whether they state a cause of action on any available legal theory regardless of the label attached to a cause of action. (Doe v. Doe 1 (2012) 208 Cal.App.4th 1185, 1188.) We do not assume the truth of contentions, deductions, or conclusions of fact or law, and may disregard allegations that are contrary to the law or to a fact that may be judicially noticed. A demurrer is proper when a ground for objection

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