Cfsi

Law Office of Eric G. Scheie, for The Claremont Institute, Amicus Curiae on behalf of Plaintiff and Appellant.

Christopher M. Patti, James E. Hoist, John F. Lundberg and Eric K. Behrens, Oakland, for Defendant and Respondent.

MORRISON, J.

Plaintiff Californians for Scientific Integrity filed suit against defendant Regents of the University of California (the University), alleging the University had improperly permitted a professor to use public funds and resources to advance anti-smoking efforts. The trial court granted the University's demurrer and entered judgment in its favor.

Plaintiff appeals, reiterating that the use of public funds and resources for these purposes is impermissible and a violation of the First Amendment. We disagree and shall affirm.

"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.' [Citation.] Further, we give the complaint a reasonable interpretation, reading it as a whole and its parts in their…