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Demurrer

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While a plaintiff may raise new legal theories on appeal from a dismissal on a general demurrer attacking the legal sufficiency of the complaint's factual allegations, that rule does not apply to an appeal from a dismissal on the ground that the claims alleged in the complaint are barred by the compulsory cross-complaint rule codified in CCP 426.10.  An appellate… Read More

It is error to dismiss an original complaint without leave to amend unless the complaint discloses on its face a reason why it cannot be amended to state a viable claim.  On appeal from such a dismissal, the appellant need not show anything in the record demonstrates that the complaint can be amended to allege a viable claim; rather, the… Read More