Crystaplex Plastics, Ltd. v. Redevelopment Agency
Opinion
Opinion
Hollenhorst, J.
The trial court sustained the demurrer of defendant Redevelopment Agency of the City of Bar stow (Redevelopment Agency) to plaintiff’s first amended complaint without leave to amend and ordered the action dismissed. Plaintiff appeals.
Standard of Review
“Where a trial court sustains a demurrer without leave to amend, we review such action under the abuse of discretion standard. [Citations.] If there is a reasonable possibility that the pleading can be cured by an amendment, the trial court’s ruling will be reversed. [Citation.] [¶] On review, we examine the Complaint’s factual allegations to determine whether they state a cause of action on any available legal theory. [Citation.] We treat the demurrer as admitting all material facts which were properly pleaded. [Citation.] However, we will not assume the truth of contentions, deductions, or conclusions of fact or law [citation] and we-may disregard any allegations that are contrary to the law or to a fact of which judicial notice may be taken. [Citation.]” (Interinsurance Exchange v. Narula (1995) 33 Cal.App.4th 1140, 1143 [ 39 Cal.Rptr.2d 752 ].)