What is the effect of a demurrer to an amended complaint?
California, United States of America
The following excerpt is from Cantwell v. Peppermill, Inc., 25 Cal.App.4th 1797, 31 Cal.Rptr.2d 246 (Cal. App. 1994):
Since this appeal is taken from a judgment of dismissal after a demurrer to appellants' first amended complaint was sustained without leave to amend, we must accept all material facts properly pleaded as true (Blank v. Kirwan (1985) 39 Cal.3d 311, 318, 216 Cal.Rptr. 718, 703 P.2d 58), and we report them accordingly.
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