What is the test for demurrer to a complaint?

California, United States of America


The following excerpt is from Lockwood v. Cal. Horse Racing Bd., B291002 (Cal. App. 2019):

On demurrer, "a complaint may be read as if it included matters judicially noticed. [Citations.] Such matters may show the complaint fails to state a cause of action though its bare allegations do not disclose the defect." (Lazzarone v. Bank of Am. (1986) 181 Cal.App.3d 581, 590 (Lazzarone); see also Code Civ. Proc., 430.30, subd. (a).) This principle allows a defendant to demur to a complaint on the grounds of claim preclusion so long as the defense is apparent on the face of the complaint, when read with judicially noticeable documents. (Lazzarone, supra, at p. 590.)

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