What is the test for a demurrer to a complaint?

California, United States of America


The following excerpt is from Hensler v. City of Glendale, 32 Cal.Rptr.2d 244, 8 Cal.4th 1, 876 P.2d 1043 (Cal. 1994):

For purposes of review of an order sustaining a demurrer to a complaint, we accept as true all material allegations of the complaint (Shoemaker v. Myers (1990) 52 Cal.3d 1, 7, 276 Cal.Rptr. 303, 801 P.2d 1054) and do not go beyond the face of the complaint and matters of which the trial court took judicial notice. (Evid.Code, 459.) Defendant does not assert that the trial court was requested to and did take judicial notice of the events to which it alludes that are not alleged in the complaint.

Other Questions


Can a plaintiff avoid demurrer by pleading facts or positions in an amended complaint that contradict those in the original complaint? (California, United States of America)
Can a plaintiff avoid demurrer by pleading facts in an amended complaint that contradict or omit, harmful allegations pleaded in a previous complaint? (California, United States of America)
How do you avoid a demurrer by filing an amended complaint suppressing facts which proved fatal to the original complaint? (California, United States of America)
When reviewing a judgment dismissing a complaint after the granting of a demurrer without leave to amend, does the court have to assume the truth of the complaint? (California, United States of America)
What is the test for reviewing a judgment dismissing a complaint after the granting of a demurrer without leave to amend? (California, United States of America)
How does a court review a judgment dismissing a complaint after the granting of a demurrer without leave to amend? (California, United States of America)
Can a general demurrer be determined only upon the facts supported by the amended complaint? (California, United States of America)
Does the late filing of a complaint in an intervention action require the respondent to respond to the complaint within the time set out in the summons? (California, United States of America)
Is a motion to amend a complaint when a defendant has defaulted open the complaint? (California, United States of America)
Does an amended complaint need to include an amended version of the allegations contained in the original complaint? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.