When a general demurrer is sustained, does the court have to review the facts of the complaint in a de novo review?
California, United States of America
The following excerpt is from Bichai v. Dignity Health, 276 Cal.Rptr.3d 154, 61 Cal.App.5th 869 (Cal. App. 2021):
When a general demurrer is sustained, appellate courts conduct a de novo review to determine whether the complaint alleges facts sufficient to state a cause of action under any possible legal theory. ( City of Dinuba v. County of Tulare (2007) 41 Cal.4th 859, 865, 62 Cal.Rptr.3d 614, 161 P.3d 1168.) A court considering a demurrer ordinarily gives the complaint a
[61 Cal.App.5th 877]
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