What is the standard for review of a judgment of dismissal based on a general demurrer?

California, United States of America


The following excerpt is from Elguea v. S. Cal. Pizza Co., B281867 (Cal. App. 2018):

"Review of a judgment on the pleadings is governed by the same standard applicable to review of a judgment of dismissal based on an order sustaining a general demurrer. The appellate court examines the face of the pleadings, together with matters subject to judicial notice, to determine whether the facts are sufficient to constitute a cause of action. [Citation.] The plaintiff's allegations are accepted as true. [Citation.]" (Croeni v. Goldstein (1994) 21 Cal.App.4th 754, 758.)

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