In what circumstances will a court sustain a demurrer to plaintiff's first amended complaint?

California, United States of America


The following excerpt is from Independent Journal Newspapers v. United Western Newspapers, Inc., 15 Cal.App.3d 583, 93 Cal.Rptr. 299 (Cal. App. 1971):

We have before us only the validity of the trial court's sustaining defendants' demurrer to plaintiff's first amended complaint and not the validity of the court's reasons therefor. (Weinstock v. Eissler, 224 Cal.App.2d 212, 225, 36 Cal.Rptr. 266.) We will not concern ourselves with either the correctness of the court's action in sustaining the special demurrer for uncertainty or with the soundness of its conclusion that the Unfair Practices Act cannot be applied constitutionally to newspapers. We inquire only whether the facts pled in plaintiff's first amended complaint constituted a cause of action under either section 17043 or section 17044 of the Unfair Practices Act. In view of the failure of plaintiff to exercise the privilege granted it of amending its first amended complaint after defendants' demurrer thereto was sustained, we need determine only whether plaintiff stated any cause of action under the Unfair Practices Act in its first amended complaint, and not whether it might

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