California Code of Civil Procedure

§ 472c

CCP § 472c Effective Jan 1, 1994Title 6 · Part 2 · Ch. 8

Statute text

(a)When any court makes an order sustaining a demurrer without leave to amend the question as to whether or not such court abused its discretion in making such an order is open on appeal even though no request to amend such pleading was made.

(b)The following orders shall be deemed open on appeal where an amended pleading is filed after the court’s order:

(1)An order sustaining a demurrer to a cause of action within a complaint or cross-complaint where the order did not sustain the demurrer as to the entire complaint or cross-complaint.

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Legislative history

Amended by Stats. 1993, Ch. 456, Sec. 7. Effective January 1, 1994.