How does the California Superior Court treat an allegation of sexual assault as a cause of action?

California, United States of America


The following excerpt is from Luna v. Praetorian Ins. Co., H040179 (Cal. App. 2015):

constitute a cause of action. Like the trial court, we assume the truth of all properly pleaded factual allegations, " 'but not contentions, deductions or conclusions of fact or law. [Citation.] We also consider matters [that] may be judicially noticed.' (Serrano v. Priest (1971) 5 Cal.3d 584, 591.) Further, we give the complaint a reasonable interpretation, reading it as a whole and its parts in their context." (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.)

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