Is a complaint de novo sufficient to state a cause of action?

California, United States of America


The following excerpt is from Ochoa v. Ndex W. LLC., B246702 (Cal. App. 2014):

"On review from an order sustaining a demurrer, 'we examine the complaint de novo to determine whether it alleges facts sufficient to state a cause of action under any legal theory, such facts being assumed true for this purpose. [Citations.]' [Citation.]" (Committee For Green Foothills v. Santa Clara County Bd. of Supervisors (2010) 48 Cal.4th 32, 42.) The complaint is given a reasonable interpretation by reading it as a whole and with all its parts in their context. (City of Dinuba v. County of Tulare (2007) 41 Cal.4th 859, 865.) However, the assumption of truth does not apply to contentions, deductions, or conclusions of law and fact. (Ibid.) Allegations that are

Page 6

Other Questions


Is a motion for judgment on the pleadings appropriate when the complaint fails to allege facts sufficient to state a cause of action? (California, United States of America)
Is a motion for judgment on the pleadings appropriate when the complaint fails to allege facts sufficient to state a cause of action? (California, United States of America)
Is a motion for judgment on the pleadings appropriate when the complaint fails to allege facts sufficient to state a cause of action? (California, United States of America)
What is the difference between a complaint that is insufficient to state a cause of action and the second amened complaint? (California, United States of America)
Is a motion for judgment on the pleadings appropriate when the complaint fails to allege facts sufficient to state a cause of action? (California, United States of America)
What is the test for determining whether a complaint alleges facts sufficient to state a cause of action or discloses a complete defense? (California, United States of America)
Is a motion for judgment on the pleadings appropriate when the complaint fails to allege facts sufficient to state a cause of action? (California, United States of America)
Is a motion for judgment on the pleadings appropriate when the complaint fails to allege facts sufficient to state a cause of action? (California, United States of America)
Is a motion for judgment on the pleadings appropriate when the complaint fails to allege facts sufficient to state a cause of action? (California, United States of America)
Is a judgment on the pleadings appropriate when the complaint fails to allege facts sufficient to state a cause of action? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.