Tustin
Tustin v. Bank of America CA6
Court of Appeal of CaliforniaJuly 31, 2014B251211California1,232 words
Opinion
Opinion
DISCUSSION
I. Standard of Review On appeal from a judgment dismissing an action following the sustaining of a demurrer without leave to amend, our standard of review is de novo, i.e., we exercise our independent judgment whether the complaint alleges facts sufficient to state a cause of action under any possible legal theory. (Lafferty v. Wells Fargo Bank (2013) 213 Cal.App.4th 545, 564.) We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions, or conclusions of fact or law. (Aryeh v. Canon Business Solutions, Inc. (2013) 55 Cal.4th 1185, 1189, fn. 1; Lafferty, supra, at p. 564.).) We also give the complaint a reasonable interpretation, reading it in context and as a whole, to determine whether plaintiff has stated a cause of action. (Lafferty, supra, at p. 564.) Appellant bears the burden of showing that the factual allegations establish every element of each cause of action pleaded. (Martin v. Bridgeport Community Assn., Inc. (2009) 173 Cal.App.4th 1024, 1031.) We affirm the trial court's ruling if there is any ground upon which the demurrer could have been
3 properly sustained. (Intengan v. BAC Home Loans Servicing LP…