When a demurrer is sustained without leave to amend, can the petitioner advance on appeal a new legal theory why the allegations of the petition state a cause of action?
California, United States of America
The following excerpt is from 20th Century Ins. Co. v. Quackenbush, 64 Cal.App.4th 135, 75 Cal.Rptr.2d 113 (Cal. App. 1998):
3 When a demurrer is sustained without leave to amend the petitioner may advance on appeal a new legal theory why the allegations of the petition state a cause of action. (See Economic Empowerment Foundation v. Quackenbush (1997) 57 Cal.App.4th 677, 684, fn. 5, 67 Cal.Rptr.2d 323.)
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