What is the test for a plaintiff to bring a claim for damages under the California Motor Vehicle Act?

California, United States of America


The following excerpt is from Safe Life Caregivers v. City of L. A., 197 Cal.Rptr.3d 524, 243 Cal.App.4th 1029 (Cal. App. 2016):

facts sufficient to constitute a cause of action. [Citation.] And when it is sustained without leave to amend, we decide whether there is a reasonable possibility that the defect can be cured by amendment: if it can be, the trial court has abused its discretion and we reverse; if not, there has been no abuse of discretion and we affirm. [Citations.] The burden of proving such reasonable possibility is squarely on the plaintiff. [Citation.]" (Blank v. Kirwan (1985) 39 Cal.3d 311, 318, 216 Cal.Rptr. 718, 703 P.2d 58.) "To meet [the] burden of showing abuse of discretion, the plaintiff must show how the

[197 Cal.Rptr.3d 533]

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