What is the test for a claim for damages in a medical malpractice case?
MultiRegion, United States of America
The following excerpt is from Johnston v. Diaz, Case No.: 3:19-cv-00616-AJB-BLM (S.D. Cal. 2020):
accept as true conclusory allegations which are contradicted by documents referred to in the complaint."))); see also Nat'l Assoc. for the Advancement of Psychoanalysis v. Cal. Bd. of Psychology, 228 F.3d 1043, 1049 (9th Cir. 2000) (courts "may consider facts contained in documents attached to the complaint" to determining whether the complaint states a claim for relief).
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