Herron

DISCUSSION

Herron asserts the trial court’s ruling was legally erroneous, and that the trial court should have reached the merits of his petition. A. Standard of Review A party may file a demurrer asserting the “court has no jurisdiction of the subject of the cause of action alleged,” or the “pleading does not state facts sufficient to constitute a cause of action.” (Code Civ. Proc. § 430.10,

3 subds. (a) & (e).) “Although the statutes make no express provision for a demurrer in a mandamus proceeding, it is settled that the sufficiency of the petition can be tested . . . by demurrer.” (Gong v. City of Fremont (1967) 250 Cal.App.2d 568, 571 (Gong).) “ ‘ “On appeal from an order of dismissal after an order sustaining a demurrer, our standard of review is de novo, i.e., we exercise our independent judgment about whether the complaint states a cause of action as a matter of law.” ’ ” (Los Altos El Granada Investors v. City of Capitola (2006) 139 Cal.App.4th 629, 650.) “ ‘We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law. [Citation.] We also consider matters which may be judicially noticed.’…