What is the standard of review governing an appeal from a judgment after the trial court sustains a demurrer without leave to amend?

California, United States of America


The following excerpt is from Laskey v. Adobe Systems, Inc., A123800 (Cal. App. 9/17/2009), A123800 (Cal. App. 2009):

The standard of review governing an appeal from the judgment after the trial court sustains a demurrer without leave to amend is well established. "`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. [Citation.] When a demurrer is sustained, we determine whether the complaint states facts sufficient to constitute a cause of action. [Citation.] And when it is sustained without leave to amend, we decide whether there is a reasonable possibility that the defect can be cured by amendment: if it can be, the trial court has abused its discretion and we reverse; if not, there has been no abuse of discretion and we affirm. [Citations.] The burden of proving such reasonable possibility is squarely on the plaintiff. [Citation.]" (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.)

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