California, United States of America
The following excerpt is from Flores v. Sharp Grossmont Hosp., D071993 (Cal. App. 2018):
his or her pleadings are true. (See Loeffler v. Target Corp. (2014) 58 Cal.4th 1081, 1100.) If the alleged facts would support a cause of action under a legal theory, the motion for judgment on the pleadings must be denied and the matter then proceeds to the evidentiary phase of the litigation. However, if the factual allegations would not support a viable cause of action even if the plaintiff could prove those facts, the plaintiff could not prevail at trial as a matter of law. In this circumstance, a trial would be unnecessary and the case would be properly dismissed at the pleading stage.
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