Appeal After Sustaining a Demurrer
The standard of review on appeal from a judgment dismissing an action after sustaining a demurrer is well settled.
"The reviewing court gives the complaint a reasonable interpretation, and treats the demurrer as admitting all material facts properly pleaded.
The court does not, however, assume the truth of contentions, deductions or conclusions of law.
The judgment must be affirmed 'if any one of the several grounds of demurrer is well taken.'However, it is error for a trial court to sustain a demurrer when the plaintiff has stated a cause of action under any . . . legal theory." ( Aubry v. Tri-City Hospital Dist. (1992) 2 Cal. 4th 962, 966-967 [9 Cal. Rptr. 2d 92, 831 P.2d 317].)
As always, questions of law are independently reviewed. (E.g., R & P Capital Resources, Inc. v. California State Lottery (1995) 31 Cal. App. 4th 1033, 1036 [37 Cal. Rptr. 2d 436] [interpretation of statutes];
International Engine Parts, Inc. v. Feddersen & Co. (1995) 9 Cal. 4th 606, 611 [38 Cal. Rptr. 2d 150, 888 P.2d 1279] [application of statute to undisputed facts].)