What is the test for determining whether a cause of action is a matter of law?

California, United States of America


The following excerpt is from Daza v. L.A. Cmty. Coll. Dist., 202 Cal.Rptr.3d 115, 247 Cal.App.4th 260 (Cal. App. 2016):

judgment to determine whether the complaint states a cause of action as a matter of law. (McMahon v. Craig (2009) 176 Cal.App.4th 1502, 15081509, 97 Cal.Rptr.3d 555 (McMahon ).) We give the complaint a reasonable interpretation, reading it as a whole and viewing its parts in context. [Citation.] We deem all properly pleaded material facts as true. [Citation.] We also accept as true those facts that may be implied or inferred from those expressly alleged. (Id. at p. 1509, 97 Cal.Rptr.3d 555.) We review the denial of leave to amend for abuse of discretion, considering whether the plaintiff has shown a reasonable possibility any defect in a cause of action could be cured by amendment. (Ibid. )

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