What is the standard of review for appeal against a general demurrer?

California, United States of America


The following excerpt is from Cal. Advocates for Nursing Home Reform v. Smith, A145267 (Cal. App. 2016):

"The standard of review on appeal following the sustaining of a demurrer is de novo. [Citation.] 'In reviewing the sufficiency of a complaint against a general demurrer, we are guided by long-settled rules. "We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law. [Citation.] We also consider matters which may be judicially noticed." [Citation.] Further, we give the complaint a reasonable interpretation, reading it as a whole and its parts in their context.' " (Hervey v. Mercury Casualty Co. (2010) 185 Cal.App.4th 954, 960.) These rules apply in determining the threshold issue of standing. (Ibid.)

Other Questions


On appeal, what is the standard of review used by the Court of Appeal to determine whether a general and specific plan has been approved or approved? (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 a judgment dismissing an action after sustaining a demurrer without leave to amend? (California, United States of America)
What is the standard of review on appeal from a judgment dismissing an action after sustaining a demurrer without leave to amend? (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)
On appeal, what is the standard of review in the context of a motion for summary review of the facts of the case? (California, United States of America)
What is the standard of review on appeal from a judgment dismissing an action after sustaining a demurrer without leave to amend? (California, United States of America)
What is the standard of review on appeal from a judgment dismissing an action after sustaining a demurrer without leave to amend? (California, United States of America)
What is the standard of review on appeal from a judgment dismissing an action after sustaining a demurrer without leave to amend? (California, United States of America)
What is the standard of review on appeal from a judgment dismissing an action after sustaining 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.