AN APPEAL TO REASON

Okay, if I haven't given you enough reasons, here are a few more why I like appeals from judgments after orders sustaining demurrers without leave to amend:

1. On review, the appellate court liberally construes the pleading in a reasonable manner. The appellate court is trying to determine if you can state a cause of action. It will liberally construe the pleading so as to achieve substantial justice, not to summarily dispose of a defective pleading that can be salvaged. Thus, the court will read the complaint in a reasonable manner, putting the allegations in context, and consider judicially noticed matter. (Leonte v. ACS State and Local Solutions, Inc. (2004) 123 Cal.App.4th 521, 525; Page v. Los Angeles County Probation Dept. (2004) 123 Cal.App.4th 1135, 1141.)

2. For purposes of appeal, the appellate court assumes the truth of your allegations. If you allege facts in your pleading, and they are not contradicted by your exhibits and judicially noticed documents, then the court will assume the truth of your allegations. (California Public Employees’ Retirement System v. Superior Court (2008) 160 Cal.App. 4th 174, 178, disapproved on other grounds in State Bd. of Chiropractic Examiners v. Superior Court (2009) 45 Cal.4th 963; Leonte v. ACS State and Local Solutions, Inc. (2004) 123 Cal.App.4th 521, 525.) That assumption goes beyond the specific allegations, the appellate court will also assume the truth of facts that may be implied or reasonably inferred from the express allegations. (Buller v. Sutter Health (2008) 160 Cal.App.4th 981, 985-986.) However, if the allegations are contrary to law, the exhibits, or judicially noticed documents, they will be ignored. (Consumer Cause, Inc. v. Weider Nutrition Internat., Inc. (2001) 92 Cal.App.4th 363, 367.) And finally, if you have facts but forget to put them into the complaint, they are not presumed to exist. (Kramer v. Intuit Inc. (2004) 121 Cal.App.4th 574, 579.)

3. The appellate court will not assume the truth of contentions, deductions, or conclusions of law or fact. The appellate court will not assume the truth of contentions, deductions, or conclusions of law or fact. (Levi v. O’Connell (2006) 144 Cal.App.4th 700, 705.) Of course, that could prove to be a benefit to you or an obstacle. If you have included contentions and deductions in your pleading, then the court will ignore them, but if the defendant, in preparing the demurrer, is depending on contentions or deductions, then they will also be ignored.

Had enough of demurrers? Next week I am going to start a discussion of common problems with motions for summary judgment.