Hall

Hall v. Nomura Securities International

Good Law
1990 Cal. App. LEXIS 318·219 Cal. App. 3d 43·268 Cal. Rptr. 45·52 Fair Empl. Prac. Cas. (BNA) 824
Court of Appeal of CaliforniaMarch 26, 1990A046051California2,677 words

Opinion

Opinion

Haning, J.

Plaintiff/appellant J. Robert Hall appeals a judgment of dismissal after the trial court sustained without leave to amend the demurrer of defendants/respondents Nomura Securities International et al., to appellant’s complaint for wrongful termination and intentional and negligent interference with prospective economic advantage.

“In reviewing the sufficiency of a complaint against a general demurrer, we are guided by long-settled rules. We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law. We also consider matters which may be judicially noticed. Further, we give the complaint a reasonable interpretation, reading it as a whole and its parts in their context. When a demurrer is sustained, we determine whether the complaint states facts sufficient to constitute a cause of action. And when it is sustained without leave to amend, we decide whether there is a reasonable possibility that the defect can be cured by amendment: if it can be, the trial court has abused its discretion and we reverse; if not, there has been no abuse of discretion and we affirm. The burden of proving such reasonable…

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