Legal Opinion

Cal. Taxpayers Action Network v. Taber Constr., Inc.

California Court of Appeal, 5th District

Decided May 2, 2017No. A145078PublishedCited by 15 opinions

1Opinion of the Court

*125DISCUSSION

A. Standard of Review

"In reviewing the sufficiency of a complaint against a general demurrer, we are guided by long-settled rules. 'We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law. [Citation.] We also consider matters which may be judicially noticed.' [Citation.] Further, we give the complaint a reasonable interpretation, reading it as a whole and its parts in their context. [Citation.] When a demurrer is sustained, we determine whether the complaint states facts sufficient to constitute a cause of…

2Cases cited28 opinions

  1. Blank v. KirwanCalifornia Supreme Court · 1985
  2. California Teachers Ass'n v. Governing Board of Rialto Unified School DistrictCalifornia Supreme Court · 1997
  3. Blair v. PitchessCalifornia Supreme Court · 1971
  4. Horn v. County of VenturaCalifornia Supreme Court · 1979
  5. Jordache Enterprises Inc. v. BrobeckCalifornia Supreme Court · 1998

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3Cited by15 opinions

  1. A.J. Fistes Corp. v. GDL Best Contractors, Inc., California Court of Appeal, 5th District2019
  2. Holloway v. Showcase Realty Agents, Inc., California Court of Appeal, 5th District2018
  3. San Diegans for Open Gov't v. Pub. Facilities Fin. Auth. of San Diego, California Court of Appeal, 5th District2017
  4. A.J. Fistes Corp. v. GDL Best Contractors, Inc.California Court of Appeal · 2019
  5. Cal. Taxpayers Action Network v. Taber Construction, Inc.California Court of Appeal · 2019

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