PRETRIAL ADJUDICATION
...Demurrers
......Relief from Order
.........Appeal When Complaint Dismissed
3 Cards On This Topic:

Upon motion, ct. may dismiss complaint after demurrer sustained without leave or after demurrer sustained with leave when P fails to amend.

Plaintiffs may successfully request leave to amend their complaint for the first time on appeal where proposed amended complaint fixed misjoinder issue.

Trial court cannot dismiss without prejudice under CCP 581(f)(2) where P failed to name D in 4th amended complaint—after 4 unsuccessful attempts to state a cause of action against him, D should have repose.