What is the legal test for an appeal from an order of dismissal taken from a demurrer to a second amended complaint?
California, United States of America
The following excerpt is from Karno v. Biddle, 36 Cal.App.4th 622, 42 Cal.Rptr.2d 318 (Cal. App. 1995):
Since this appeal is taken from an order of dismissal after a demurrer to appellants' second amended complaint was sustained without leave to amend, we must accept all material facts properly pleaded as true, and accept those subject to judicial notice (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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