California Court of Appeal

Trial court's sustaining of demurrer without leave to amend is reversed with directions to grant plaintiffs leave to amend the complaint, where: 1) a plaintiff may propose new facts or theories to show the complaint can be amended to state a cause of action, thereby showing the trial court "abused its discretion" in not granting leave to amend; and 2) respondents' contention that plaintiffs' new theory would require a hearing to resolve contested facts that have yet to be litigated has the effect of conceding that plaintiffs have articulated a new legal theory that necessitates a factual resolution.

Appellate Information

• Decided 09/03/2014
• Published 09/03/2014

Judges

• Duarte

Court

• California Court of Appeal

Counsel