What is the test for a cause of action for battery failure?
California, United States of America
The following excerpt is from Grieves v. Superior Court, 157 Cal.App.3d 159, 203 Cal.Rptr. 556 (Cal. App. 1984):
The threshold issue before us is whether petitioners' first amended complaint states facts sufficient to constitute a cause of action for battery. Since the sufficiency of the complaint was tested in the trial court by means of demurrer, we accept as true all of its material factual allegations. (Alcorn v. Anbro Engineering, Inc. (1970) 2 Cal.3d 493, 496, 86 Cal.Rptr. 88, 468 P.2d 216.)
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