Can a demurrer to the first amended complaint be amended to add a new cause of action?

California, United States of America


The following excerpt is from Ruballos v. Ruballos, B261781 (Cal. App. 2016):

7. The record does not include a transcript of any of the hearings on the demurrers and the court's written orders sustaining the demurrers with leave to amend are brief. On appeal we do not presume error; we also draw every reasonable inference in favor of the judgment. (Denham v. Superior Court (1970) 2 Cal.3d 557, 564.) In light of the trial court's ultimate ruling, we must conclude the order sustaining the demurrer to the first amended complaint with leave to amend was not broad enough in scope to allow an amendment to add a new cause of action.

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