What is the test for appeal from an order dismissing a complaint after a sustaining of a demurrer?
California, United States of America
The following excerpt is from Zavatto v. Itzhaki, B270579 (Cal. App. 2017):
"On appeal from an order dismissing a complaint after the sustaining of a demurrer, we review the pleading to determine whether the facts alleged state a cause of action under any possible legal theory. [Citation.] We give the complaint a reasonable interpretation, 'treat[ing] the demurrer as admitting all material facts properly pleaded,' but do not 'assume the truth of contentions, deductions or conclusions of law.' [Citation.] We liberally construe the pleading with a view to substantial justice between the parties." (Staniforth v. Judges' Retirement System (2016) 245 Cal.App.4th 1442, 1449.)
2. Contract-Based Causes of Action
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