What is the standard of review for a motion to sustain or overrule a demurrer?

California, United States of America


The following excerpt is from Randall v. Scovis, 105 Cal.Rptr.2d 32 (Cal. App. 2001):

On appeal, we review the trial court's decision to grant or deny a motion for judgment on the pleadings under the same standard as the decision to sustain or overrule a demurrer. (Boccato v. City of Hermosa Beach (1994) 29 Cal.App.4th 1797, 1803-1804.) Our standard of review of both portions of the ruling is de novo, i.e., we exercise our independent judgment about whether, assuming the truth of the pleadings, the complaint states its causes of action. (Ibid.)

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