PRETRIAL ADJUDICATION
...Demurrers
......Relief from Order
.........Appeal When Complaint Dismissed
2 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.

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.