On appeal from an order sustaining a demurrer, what is the test for a cause of action?
California, United States of America
The following excerpt is from Posey v. State, 173 Cal.App.3d 835, 219 Cal.Rptr. 534 (Cal. App. 1985):
Preliminarily we note that on appeal from an order sustaining a demurrer, an appellate court is required to construe the complaint liberally to determine whether, assuming the facts pleaded to be true, a cause of action has been stated. (Jones v. Oxnard School District (1969) 270 Cal.App.2d 587, 590, 75 Cal.Rptr. 836.)
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