Montano

DISCUSSION

I. Sufficiency of the Allegations of the Quiet Title Cause of Action

Montano contends that the trial court erred in sustaining the demurrer to the Third Amended Complaint because her quiet title cause of action was adequately pleaded. We review the ruling on a demurrer de novo. “On appeal from a judgment dismissing an action after sustaining a demurrer without leave to amend, the standard of review is well settled. The reviewing court gives the complaint a reasonable interpretation, and treats the demurrer as admitting all material facts properly pleaded. [Citations.] The court does not, however, assume the truth of contentions, deductions or conclusions of law. [Citation.] The judgment must be affirmed „if any one of the several grounds of demurrer is well taken. [Citations.]‟ [Citation.] However, it is error for a trial court to sustain a demurrer when the plaintiff has stated a cause of action under any possible legal theory. [Citation.] And it is an abuse of discretion to sustain a demurrer without leave to amend if the plaintiff shows there is a reasonable possibility any defect identified by the defendant can be cured by amendment. [Citation.]” (Aubry v.…