Openiano

Openiano v. First American Title CA4/1

Good Law
Court of Appeal of CaliforniaSeptember 26, 2013D061414California1,941 words

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.…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.