What is the burden of proving that the trial court erroneously sustained the demurrer as a matter of law?
California, United States of America
The following excerpt is from Sui v. Price, G044185, Super. Ct. No. 30-2010-00353446 (Cal. App. 2011):
"bears the burden of demonstrating that the trial court erroneously sustained the demurrer as a matter of law" and "must show the complaint alleges facts sufficient to establish every element of [the] cause of action." (Rakestraw v. California Physicians' Service (2000) 81 Cal.App.4th 39, 43.)
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