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 McQuiston v. City of L.A., B285686 (Cal. App. 2019):

"On appeal from a judgment dismissing an action after sustaining a demurrer without leave to amend, the standard of review is well settled. The reviewing court gives the complaint a reasonable interpretation, and treats the demurrer as admitting all material facts properly pleaded. [Citations.] The court does not, however, assume the truth of contentions, deductions or conclusions of law. [Citation.] The judgment must be affirmed 'if any one of the several grounds of demurrer is well taken. [Citations.]' [Citation.] However, it is error for a trial court to sustain a demurrer when the plaintiff has stated a cause of action under any possible legal theory. [Citation.] And it is an abuse of discretion to sustain a demurrer without leave to amend if the plaintiff shows there is a reasonable possibility any defect identified by the defendant can be cured by amendment. [Citation.]" (Aubry v. Tri-City Hospital Dist. (1992) 2 Cal.4th 962, 966-967 (Aubry).)

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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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