Animal Protection and Rescue etc. v. County of Riverside

DISCUSSION

Davies and the League argue on appeal that the trial court erred in sustaining demurrers without leave to amend as to several causes of action, and in granting summary judgment against them as to a remaining cause of action. A. The Court Did Not Err in Sustaining the Demurrer as to Davies’s Negligence Cause of Action When reviewing a judgment entered on a demurrer sustained without leave to amend, the appellate court assumes the truth of properly pleaded facts alleged in the plaintiff’s operative complaint. (Mathews v. Becerra (2019) 8 Cal.5th 756, 768.) “We determine de novo whether the factual allegations of the challenged pleading are adequate to state a cause of action under any legal theory.” (Allen v. City of Sacramento (2015) 234 Cal.App.4th 41, 51 (Allen).) Plaintiffs bear the burden of establishing error, and we affirm if proper on any grounds, even if the trial court did not rely on that ground. (Id. at p. 52.)

In the second amended complaint, in her negligence cause of action,1 Davies contends that she suffered “garden variety emotional distress” resulting from her encounter with Leso at the protest. The court sustained County and Leso’s demurrer to this…