Kalicki

DISCUSSION

I. Standard of Review

We review the complaint de novo (Cantu v. Resolution Trust Corp. (1992)

Cal.App.4th 857, 879), with appellants bearing the burden of proving that the trial

court erred in sustaining the demurrer (Kong v. City of Hawaiian Gardens

Redevelopment Agency (2002) 108 Cal.App.4th 1028, 1038). We liberally construe

3 a complaint "with a view to substantial justice between the parties." (Code Civ.

Proc., § 452.) If the complaint states any possible legal theory, the trial court's

order sustaining the demurrer must be reversed. (Palestini v. General Dynamics

Corp. (2002) 99 Cal.App.4th 80, 86.) Also, "if there is a reasonable possibility the

defect in the complaint could be cured by amendment, it is an abuse of discretion to

sustain a demurrer without leave to amend." (City of Atascadero v. Merrill Lynch,

Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 445, 459.) Whether a plaintiff

will be able to prove its allegations is not relevant. (Alcorn v. Anbro Engineering,

Inc. (1970) 2 Cal.3d 493, 496.)

II. Analysis

A. Declaratory Relief

Declaratory relief is available to resolve an "actual controversy" about a

party's rights and…