In what circumstances will a motion to dismiss be denied?
California, United States of America
The following excerpt is from Garza v. Delano Union Elementary School Dist., 110 Cal.App.3d 303, 167 Cal.Rptr. 629 (Cal. App. 1980):
In Rathbun v. Superior Court (1970) 8 Cal.App.3d 690, 87 Cal.Rptr. 568, denial of a motion to dismiss was justified by declarations showing substantial efforts were expended to locate the defendants, whose whereabouts were not definitely known, and that an investigation had been undertaken to locate the defendant.
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