What is the standard of review applied to an order of dismissal following a demurrer?

California, United States of America


The following excerpt is from Dzubak v. Cnty. of L. A., B266301 (Cal. App. 2016):

"We apply a de novo standard of review to a trial court's order of dismissal following an order sustaining a demurrer. [Citation.] In other words, we exercise our 'independent judgment about whether the complaint states a cause of action as a matter of law.' [Citation.]. . . . '[W]e must assume the truth of all facts properly pleaded by the plaintiffs, as well as those that are judicially noticeable.' [Citation.]" (Eckler v. Neutrogena (2015) 238 Cal.App.4th 433, 438.)

Other Questions


What standard of review applies to review of discovery orders? (California, United States of America)
What is the test for a motion to review an order from the Superior Court of Appeal against a motion of appeal against an order requiring the Court to review the order? (California, United States of America)
What is the standard of review on appeal from an order of dismissal after a demurrer has been sustained? (California, United States of America)
In an appeal against a demurrer without leave to amend, what is the standard of review of the order sustaining the order? (California, United States of America)
What is the standard of review on appeal from an order of dismissal after a demurrer has been sustained? (California, United States of America)
What is the standard of review on appeal from judgment of dismissal following a sustaining of a general demurrer? (California, United States of America)
What is the standard of review on appeal from an order of dismissal after a demurrer? (California, United States of America)
What is the standard of review on appeal from an order of dismissal after a demurrer has been sustained? (California, United States of America)
When a fee order under review is ordered by a judge other than the trial judge, does the court have any discretion or authority to review the order? (California, United States of America)
What is the standard of review for appeal from an order of dismissal after a demurrer? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.