Kleinbard, LLC, Aplt. v. Lancaster Co. DA

Summary

Justice Donohue dissents, arguing that the authority governing a district attorney’s use of program‑account funds is a question of law, not a factual allegation, and therefore should not be treated as true for purposes of a demurrer. He maintains that the plaintiff, not the defendant, bears the burden of establishing such authority and that the demurrer standard is de novo and plenary. The dissent does not alter the court’s ultimate affirmation of the lower courts’ grant of the demurrer.