Galluzzi

DISCUSSION

I

Standard of Review

"When reviewing a judgment dismissing a complaint after the granting of a

demurrer without leave to amend, courts must assume the truth of the complaint's

properly pleaded or implied factual allegations. [Citation.] Courts must also consider

judicially noticed matters. [Citation.] In addition, we give the complaint a reasonable

interpretation, and read it in context. [Citation.] If the trial court has sustained the

demurrer, we determine whether the complaint states facts sufficient to state a cause of

action. If the court sustained the demurrer without leave to amend, . . . we must decide

whether there is a reasonable possibility the plaintiff could cure the defect with an

amendment. [Citation.] If we find that an amendment could cure the defect, we conclude

that the trial court abused its discretion and we reverse; if not, no abuse of discretion has

3 occurred. [Citation.] The plaintiff has the burden of proving that an amendment would

cure the defect." (Schifando v. City of Los Angeles (2003) 31 Cal.4th 1074, 1081.)

II

Notice of Storage

Galluzzi contends the trial court erred by sustaining District's demurrer to…