Taillon

INTRODUCTION

Plaintiffs and appellants Richard Taillon, Claudia Taillon, Benjamin Taillon, Isabelle Taillon, and Christopher Kirk Hinton (plaintiffs) appeal from an order of dismissal contending that the trial court erred in granting the demurrer of defendants and respondents Mark Verge and Leilani Pascual Verge (defendants) to the first amended complaint (FAC) without leave to amend, and denying plaintiffs’ motion under Code of Civil Procedure section 473, subdivision (a)(1)1 for leave to file a second amended complaint (SAC). We affirm.

DISCUSSION

A. Applicable Law and Standard of Review A demurrer is properly sustained when the complaint “does not state facts sufficient to constitute a cause of action,” or where it is “uncertain”—including “ambiguous and unintelligible.” (§ 430.10, subds. (e), (f).) “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…