Valencia
Valencia v. Wells Fargo Bank CA2/2
Opinion
Opinion
DISCUSSION
1. Ruling on Demurrer Appeal lies from the judgment of dismissal after demurrers are sustained without leave to amend. (Code Civ. Proc., §§ 581d, 904.1, subd. (a)(1); Serra Canyon Co. v. California Coastal Com. (2004) 120 Cal.App.4th 663, 667; Tanen v. Southwest Airlines Co. (2010) 187 Cal.App.4th 1156, 1162.) We review de novo the ruling on the demurrers, exercising our independent judgment to determine whether a cause of action has been stated. (Desai v. Farmers Ins. Exchange (1996) 47 Cal.App.4th 1110, 1115.) We assume that properly pleaded material allegations are true. (Moore v. Regents of University of California (1990) 51 Cal.3d 120, 125.) Plaintiffs complain that the trial court did not specify the specific grounds for sustaining the demurrers. (Code Civ. Proc., § 472d.) The court sustained the demurrers “for the reasons stated in the moving papers.” Plaintiffs provided no reporter’s transcript showing that they asked the trial court to state the basis for its decision, so the argument is waived. (Brown v. State of California (1993) 21 Cal.App.4th 1500, 1506.) While stating specific grounds for sustaining demurrers may be helpful for purposes of amendment to…