What is the test for a motion to dismiss an amended complaint?
California, United States of America
The following excerpt is from Kadish ex rel. Kadish v. Jcc, 112 Cal.App.4th 711, 5 Cal.Rptr.3d 394 (Cal. App. 2003):
After two successful demurrers, plaintiffs filed a second amended complaint. For purposes of our review, we must accept as true the following allegations. (See Blank v. Kirwan (1985) 39 Cal.3d 311, 318, 216 Cal.Rptr. 718, 703 P.2d 58.)
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