Does an amended complaint sufficiently allege that an individual has committed a wrongful act?

California, United States of America


The following excerpt is from Kaufman v. Gordon, B258570 (Cal. App. 2015):

But whether the amended complaint sufficiently alleged an independently wrongful act is not a matter to be determined on an anti-SLAPP motion to strike. If the collector believed the complaint was insufficient to state a cause of action or uncertain, his remedy was to file a demurrer. (Code Civ. Proc., 430.10; cf. Allerton v. King (1929) 96 Cal.App. 230, 234 [a motion to strike cannot take the place of a demurrer].) He did not do so. Therefore, the trial court did not rule on the legal sufficiency of the complaint, and that issue is not before this court.

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