What is the standard of review on appeal from judgment of dismissal following a sustaining of a general demurrer?

California, United States of America


The following excerpt is from Catsouras v. Department of California Highway Patrol, 104 Cal. Rptr. 3d 352, 181 Cal.App.4th 856 (Cal. App. 2010):

With respect to the state law claims, "[t]he standard of review on an appeal from judgment of dismissal following sustaining of a general demurrer is guided by long settled rules. We treat the demurrer as admitting all material facts properly pleaded, as well as those which reasonably arise by implication, but not contentions, deductions or conclusions of fact or law. [Citations.] `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 on any theory. [Citations.] Moreover, `"the allegations of the complaint must be liberally construed with a view to attaining substantial justice among the parties."' [Citation.] A demurrer challenges only the legal sufficiency of the complaint, not the truth of its factual allegations or the plaintiff's ability to prove those allegations. [Citation.]" (Yue v. City of Auburn (1992) 3 Cal.App.4th 751, 756-757 [4 Cal.Rptr.2d 653] (Yue).) We discuss separately the more particular rules applicable in the context of the section 1983 action.

[181 Cal.App.4th 868]

C. Invasion of Privacy

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