What is the standard of review for a judgment of dismissal after a demurrer has been sustained?

California, United States of America


The following excerpt is from Rodriguez v. Kaiser Found. Hosps., No. A146050 (Cal. App. 2016):

Because this case was resolved on demurrer, we apply a de novo standard of review. (Farm Raised Salmon Cases (2008) 42 Cal.4th 1077, 1089, fn. 10.) Thus, we will affirm a judgment of dismissal after a demurrer has been sustained without leave to amend if proper on any grounds stated in the demurrer, whether or not the superior court acted on that ground. (Carman v. Alvord (1982) 31 Cal.3d 318, 324.)

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