When reviewing a judgment dismissing a complaint after the granting of a demurrer without leave to amend, does the court have to assume the truth of the complaint?
California, United States of America
The following excerpt is from Piana v. Select Portfolio Servicing, Inc., G051669 (Cal. App. 2016):
"When reviewing a judgment dismissing a complaint after the granting of a demurrer without leave to amend, courts must assume the truth of the complaint's properly pleaded or implied factual allegations." (Schifando v. City of Los Angeles (2003) 31 Cal.4th 1074, 1081.) But we do not assume the truth of speculative allegations
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