What is the standard of review on appeal from an order of dismissal after a demurrer has been sustained?

California, United States of America


The following excerpt is from Harrison v. City of Rancho Mirage, 196 Cal.Rptr.3d 267, 243 Cal.App.4th 162 (Cal. App. 2015):

"On appeal from an order of dismissal after an order sustaining a demurrer, the standard of review is de novo: we exercise our independent judgment about whether the complaint states a cause of action as a matter of law. [Citation.] First, we give the complaint a reasonable interpretation, reading it as a whole and its parts in their context. Next, we treat the demurrer as admitting all material facts properly pleaded. Then we determine whether the complaint states facts sufficient to constitute a cause of action. [Citations.] [] We do not, however, assume the truth of contentions, deductions, or conclusions of law." (Stearn v. County of San Bernardino (2009) 170 Cal.App.4th 434, 439440, 88 Cal.Rptr.3d 330 ; see also

[196 Cal.Rptr.3d 274]

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