In reviewing a judgment based on a judgment sustaining a demurrer, how do we review the facts in the operative complaint?
California, United States of America
The following excerpt is from Flores v. Davidson, F060575 (Cal. App. 2011):
In reviewing a judgment based on an order sustaining a demurrer, we assume the truth of all well-pleaded facts in the operative complaint. We independently review the complaint to determine whether it states a cause of action. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.)
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