What is the test for appealing from a judgment dismissing an action after sustaining a demurrer?
California, United States of America
The following excerpt is from Mastache v. San Diego Unified Sch. Dist., D070504 (Cal. App. 2017):
"On appeal from a judgment dismissing an action after sustaining a demurrer without leave to amend, . . . [w]e give the complaint a reasonable interpretation, reading it as a whole and its parts in their context. [Citation.] Further, we treat the demurrer as admitting all material facts properly pleaded, but do not assume the truth of contentions, deductions or conclusions of law." (City of Dinuba v. County of Tulare (2007) 41 Cal.4th 859, 865.) We consider matters that may be judicially noticed. (Zelig v. County of Los
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