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 Jones v. Alta Bates Summit Med. Ctr., A126660, Alameda County Super. Ct. No. RG09449175 (Cal. App. 2011):

"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. [Citation.]" (Stearn v. County of San Bernardino, supra, 170 Cal.App.4th at pp. 439-440.)

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