When a demurrer is sustained, how does the court review the facts in the complaint de novo?

California, United States of America

The following excerpt is from Stein v. Axis Ins. Co., 10 Cal.App.5th 673, 216 Cal.Rptr.3d 804 (Cal. App. 2017):

When a demurrer is sustained, we review the complaint de novo to determine whether it alleges facts stating a cause of action under any legal theory. (Rakestraw v. California Physicians' Service (2000) 81 Cal.App.4th 39, 43, 96 Cal.Rptr.2d 354.) We accept as true all properly pleaded material facts, but not contentions, deductions, or conclusions. (Id . at pp. 4243, 96 Cal.Rptr.2d 354.) "[W]hen [a demurrer] is sustained without leave to amend, we decide

[10 Cal.App.5th 682]

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