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Issue: Under the laws of California, before granting a demurrer, should a court permit a party leave to amend its complaint and fix pleading problems?
| Area of Law: | Litigation & Procedure |
| Keywords: | Demurrer; Leave to amend its complaint |
| Jurisdiction: | California |
| Cited Cases: | None |
| Cited Statutes: | None |
| Date: | 01/01/2000 |
A demurrer may not be sustained without leave to amend if "there is a reasonable possibility that the defect can be cured by amendment." Hambrecht & Quist Venture Partners v. American Medical Int’l, Inc. (1995) 38 Cal. App. 4th 1532, 1539. Put another way, "[a] trial court’s ruling sustaining a demurrer is deemed erroneous where a plaintiff has stated a cause of action under any possible legal theory." Terhell v. American Commonwealth Assocs. (1985) 172 Cal. App. 3d 434, 438.
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