Are motions to dismiss within the general rule as to presumptions and will be presumed regularly dismissed?
California, United States of America
The following excerpt is from Mesler v. Bragg Management Co., 219 Cal.App.3d 983, 268 Cal.Rptr. 522 (Cal. App. 1990):
Similarly, proceedings on motions to dismiss are within the general rule as to presumptions and will be presumed regularly dismissed unless the record shows to the contrary. (Allen v. California Water & Tel. Co. (1946) 29 Cal.2d 466, 485, 176 P.2d 8.)
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