What is the test for a motion for personal injury relief?

California, United States of America


The following excerpt is from People v. Webster, D059430, D060193 (Cal. App. 2012):

determine whether the petition states a prima facie case for reliefthat is, whether it states facts that, if true, entitle the petitioner to reliefand also whether the stated claims are for any reason procedurally barred." (People v. Romero (1994) 8 Cal.4th 728, 737.)

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