California Demurrer — After the Ruling

If the demurrer is sustained with leave to amend:

Read the order precisely. Leave to amend authorizes fixing the specific defect identified — not reimagining the case. New causes of action require a separate motion for leave to amend under CRC 3.1324. (Zakk v. Diesel (2019) 33 Cal.App.5th 431, 456.) The amendment must be factually consistent with any matters of which the court has taken judicial notice.

If the demurrer is sustained without leave to amend:

The complaint is dismissed. The standard for no leave is high — the complaint must show on its face that it cannot be amended to state a valid claim. Denial of leave is an abuse of discretion unless the court can say amendment is impossible. This is rare. (City of Stockton v. Sup. Ct. (2007) 42 Cal.4th 730, 747; Goodman v. Kennedy (1976) 18 Cal.3d 335, 349.)

If the demurrer is overruled:

Defendant must answer. The issues raised in the demurrer are not waived — they can be raised again at summary judgment or trial. Overruling means the complaint states a claim. It does not mean the claim will succeed.