What is the test for a motion to appeal a judgment of dismissal after a demurrer to the second amended complaint was sustained without leave to amend?
California, United States of America
The following excerpt is from Gamm v. Fine, G041584, No. 30-2008-00105140 (Cal. App. 2010):
The appeal arises from a judgment of dismissal after a demurrer to the second amended complaint was sustained without leave to amend. Consequently, we must accept as true all facts properly pleaded. (Curcini v. County of Alameda (2008) 164 Cal.App.4th 629, 633, fn. 3.)
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