What is the test for a motion to compel a judge to grant a preliminary hearing in a case brought under section 835 of the California Civil Code?

California, United States of America


The following excerpt is from Hill-Azah v. City of Fremont, A144150 (Cal. App. 2016):

demurrer ruling and determine de novo whether appellant alleged facts to satisfy the dangerous condition element of her cause of action under section 835. (Vitkievicz v. Valverde (2012) 202 Cal.App.4th 1306, 1310-1311 (Vitkievicz).)4

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