MARK K. v. Roman Catholic Archbishop

Good Law
67 Cal. App. 4th 603·79 Cal. Rptr. 2d 73
Court of Appeal of CaliforniaOctober 28, 1998B114274California3,790 words

Opinion

Opinion

Masterson, J.

We affirm judgments entered in nine consolidated actions following an order sustaining the demurrers of the Roman Catholic Archbishop of Los Angeles, a corporation sole (hereafter the church), without leave to amend.

Standard of Review

In reviewing the sustaining of a 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. [Citation.] 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 context. [Citation.] When a demurrer is sustained, we determine whether the complaint states facts sufficient to constitute a cause of action. [Citation.] 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. [Citations.] The burden of proving such reasonable possibility is squarely on the plaintiff.” (Blank v. Kirwan…

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