Tyshkevich

FACTS AND PROCEEDINGS

“In our de novo review of an order sustaining a demurrer, we assume the truth of all facts properly pleaded in the complaint or reasonably inferred from the pleading,” but we do not assume the truth of contentions, deductions, or conclusions of law. (Intengan v. BAC Home Loans Servicing LP (2013) 214 Cal.App.4th 1047, 1052 (Intengan).) “We then determine if those facts are sufficient, as a matter of law, to state a cause of action under any legal theory. [Citation.]” (Ibid.) We also consider matters which have been or may be judicially noticed. (Sacramento Brewing Co. v. Desmond, Miller & Desmond (1999) 75 Cal.App.4th 1082, 1085, fn. 3.) To the extent the factual allegations conflict with the contents of attached exhibits, we accept as true the exhibits. (Barnett v. Fireman’s Fund Ins. Co. (2001) 90 Cal.App.4th 500, 504-505.) A plaintiff may not

2 avoid a demurrer by filing an amended complaint suppressing facts which proved fatal in the original complaint. (Cantu v. Resolution Trust Corp. (1992) 4 Cal.App.4th 857, 877.) We accordingly consider the full exhibits (Deed of Trust, etc.) attached to the original complaint and not merely the excerpts attached to…