On appeal from a judgment sustaining a demurrer, what is the standard of review?

California, United States of America


The following excerpt is from Kolodzik v. Advanced Cargo Servs., Inc., B258289 (Cal. App. 2016):

"On appeal from a judgment after an order sustaining a demurrer, our standard of review is de novo. We exercise our independent judgment about whether, as a matter of law, the complaint states facts sufficient to state a cause of action. [Citations.] We view a demurrer as admitting all material facts properly pleaded but not contentions, deductions, or conclusions of fact or law. [Citation.]" (Lin v. Coronado (2014) 232 Cal.App.4th 696, 700.)

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