Can allegations of sexual assault be proven in a motion to dismiss?
MultiRegion, United States of America
The following excerpt is from King v. Export Dev. Can. (In re Zetta Jet USA, Inc.), 624 B.R. 461 (Bankr. C.D. Cal. 2020):
The allegations of a complaint, along with other materials properly before the court on a motion to dismiss, can establish an absolute bar to recovery. See Weisbuch v. Cty. of L.A., 119 F.3d 778, 783 n.1 (9th Cir. 1997) ("If the pleadings establish facts compelling a decision one way, that is as good as if depositions and other expensively obtained evidence on summary judgment establishes the identical facts.").
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