What are the elements of a demurrer?

California, United States of America


The following excerpt is from Stand Up for Cal.! v. State, 211 Cal.Rptr.3d 490, 6 Cal.App.5th 686 (Cal. App. 2016):

When reviewing a demurrer, appellate courts decide whether the complaint has stated a cause of action under any legal theory . (McCall v. PacifiCare of Cal., Inc. (2001) 25 Cal.4th 412, 415, 106 Cal.Rptr.2d 271, 21 P.3d 1189.) In this appeal, each of the three opinions has adopted a different legal theory for why a cause of action has been stated. Each legal theory has different elements. The following is my understanding of what those elements are.

[211 Cal.Rptr.3d 557]

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