Narula
Interinsurance Exchange of the Automobile Club v. Narula
Opinion
Opinion
Hollenhorst, J.
[[]] Plaintiff appeals from the judgment entered after the trial court sustained defendant’s demurrer to Plaintiff’s complaint without leave to amend. [[]]*
Procedural Background (E012417)
On April 16, 1992, Plaintiff initiated this action against Devendrá Singh Narula, personal representative of the estate of Manjit Singh, deceased (Defendant). Following Defendant’s challenge to the initial pleadings, Plaintiff filed its amended complaint (the Complaint) on September 1, 1992. Plaintiff seeks damages on its rejected claim against the estate. Defendant demurred to the Complaint and the trial court sustained the demurrer without leave to amend. The case was dismissed on December 17,1992, and Plaintiff initiated its [[]] appeal [[]]*.
Standard of Review
Where a trial court sustains a demurrer without leave to amend, we review such action under the abuse of discretion standard. (Hendy v. Losse (1991) 54 Cal.3d 723, 742 [ 1 Cal.Rptr.2d 543 , 819 P.2d 1 ].) If there is a reasonable possibility that the pleading can be cured by an amendment, the trial court’s ruling will be reversed. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318 [ 216 Cal.Rptr. 718 , 703 P.2d 58 ].)