Is there any legal authority showing the viability of a new cause of action?
California, United States of America
The following excerpt is from Redd v. Ocwen Loan Servicing, LLC, A137112 (Cal. App. 2013):
support the possibility of amendment and no legal authority showing the viability of new causes of action, there is no basis for finding the trial court abused its discretion when it sustained the demurrer without leave to amend." (Id. at p. 44.) However, we are not concerned at this stage with whether the plaintiff will have difficulty in proving the allegations of the complaint. (Community Cause v. Boatwright (1981) 124 Cal.App.3d 888, 897.)
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