What is the test for a general demurrer on the grounds that a complaint does not state facts sufficient to constitute a cause of action?

California, United States of America


The following excerpt is from Weaver v. Bank of America Nat. Trust & Sav. Ass'n, 25 Cal.Rptr. 134 (Cal. App. 1962):

The rules relating to the trial court's determination of a demurrer on the ground that a complaint does not state facts sufficient to constitute a cause of action and which govern a reviewing court in considering an appeal from a judgment entered on the sustaining of a demurrer on that ground are as follows: it is assumed that the facts alleged are true and can be proved; defects in the complaint which do not affect the substantial rights of the parties are disregarded; the allegations must be liberally construed with a view to substantial justice between the parties; and, all that is necessary as against a general demurrer is to plead facts entitling the plaintiff to some relief. (Hill v. City of Santa Barbara, 196 Cal.App.2d 580, 585, 16 Cal.Rptr. 686.)

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