Openiano
Openiano v. First American Title CA4/1
Opinion
Opinion
Mcintyre, J.
DISCUSSION
I. Standard of Review
"On appeal from a judgment dismissing an action after sustaining a demurrer
without leave to amend, the standard of review is well settled. The reviewing court gives
the complaint a reasonable interpretation, and treats the demurrer as admitting all
material facts properly pleaded. [Citations.] The court does not, however, assume the
truth of contentions, deductions or conclusions of law. [Citation.] The judgment must be
affirmed 'if any one of the several grounds of demurrer is well taken. [Citations.]'
[Citation.]" (Aubry v. Tri-City Hospital Dist. (1992) 2 Cal.4th 962, 966–967.) The
plaintiff has the burden of proving that an amendment would cure the defect. (Schifando
v. City of Los Angeles (2003) 31 Cal.4th 1074, 1081.)
II. Analysis
A. General Legal Principles
Before tackling any substantive issues that may have been raised by Appellants,
we address some general legal principles that govern our review of this appeal. Although
3 Appellants are representing themselves in this litigation, the rules of civil procedure
apply with equal force to self-represented parties as they do to those represented by
attorneys.…