How does the court review a judgment dismissing a cross-complaint after a demurrer has been sustained?
California, United States of America
The following excerpt is from Smith v. Church, H033637, No. CV149102 (Cal. App. 2011):
When reviewing a judgment dismissing a cross-complaint after a demurrer has been sustained without leave to amend, we assume the truth of the cross-complaint's properly pleaded or implied factual allegations and consider matters that are properly judicially noticed. (Schifando v. City of Los Angeles (2003) 31 Cal.4th 1074, 1081.) In addition, we give the cross-complaint a reasonable interpretation and read it in context. (Ibid.) Since the trial court sustained the demurer, we determine whether the cross-complaint states facts sufficient to state a cause of action. Since the court sustained the demurrer without leave to amend we must decide whether there is a reasonable
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