What is the test for demurrer in a personal injury case?

California, United States of America


The following excerpt is from Levy v. Silverman Realty Corp., B296238 (Cal. App. 2020):

1. "Because this matter comes to us on demurrer, we take the facts from plaintiff's [FAC], the allegations of which are deemed true for the limited purpose of determining whether plaintiff has stated a viable cause of action. [Citation]." (Stevenson v. Superior Court (1997) 16 Cal.4th 880, 885.)

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