Mason v. Wells Fargo Bank CA2/6

DISCUSSION

"We review an order sustaining a demurrer de novo, exercising our independent judgment to determine whether a cause of action has been stated under any

1 First American is also named as a defendant but has not appeared either in the proceedings below or in this court. 2 legal theory." (Shuster v. BAC Home Loans Servicing, LP (2012) 211 Cal.App.4th 505, 509.) We accept as true properly pleaded allegations of material fact, "but not contentions, deductions or conclusions of fact or law." (Zelig v. County of Los Angeles (2002) 27 Cal.4th 1112, 1126.) We also consider matters subject to judicial notice. (Committee For Green Foothills v. Santa Clara County Bd. of Supervisors (2010) 48 Cal.4th 32, 42.) The burden is on the plaintiff-appellant to demonstrate how an amendment to the complaint could cure the defect. (Schifando v. City of Los Angeles (2003) 31 Cal.4th 1074, 1081.) A party proceeding in propria persona " '. . . is to be treated like any other party and is entitled to the same, but no greater consideration than other litigants and attorneys.' [Citation.]" (Yvanova v. New Century Mortgage Corporation (2014) 226 Cal.App.4th 495, 500.) The appellate court…