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


The following excerpt is from Agbede v. R.C. Temme Corp., E072337 (Cal. App. 2020):

"On appeal from a judgment dismissing an action after sustaining a demurrer without leave to amend, the standard of review is well settled. We give the complaint a reasonable interpretation, reading it as a whole and its parts in their context. [Citation.] Further, we treat the demurrer as admitting all material facts properly pleaded, but do not assume the truth of contentions, deductions or conclusions of law. [Citations.] 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. [Citation.]" (City of Dinuba v. County of Tulare (2007) 41 Cal.4th 859, 865.)

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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 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 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 without leave to amend? (California, United States of America)
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