Can an appellant argue for the first time on appeal that, if a judgment on the pleadings is sustained without leave to amend, the complaint can be amended to state a valid cause of action?

"[W]hen a judgment on the pleadings is sustained without leave to amend, an appellant may argue for the first time on appeal the complaint may be amended to state a valid cause of actionbased on the general rule that a litigant may raise for the first time on appeal a pure question of law based on undisputed facts. (Dudley v. Department of Transportation (2001) 90 Cal.App.4th 255, 259-260.) In other words, the appellant may assert the trial court abused its discretion in granting the motion without leave to amend, and it is not a prerequisite to this assertion the appellant first presented to the trial court a specific request to amend or an indication of its legal basis. [Citation.]" (Shields, supra, 205 Cal.App.4th at p. 786.)

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