California, United States of America
The following excerpt is from La Mirada Community Hospital v. Superior Court for Orange County, 249 Cal.App.2d 39, 57 Cal.Rptr. 42 (Cal. App. 1967):
'This is a question for the trial court to determine from the face of the complaint and the affidavits submitted by the parties.'
See also California Collection Agency v. Fontana, 61 Cal.App.2d 648, 653, 143 P.2d 507, 510, where it is said:
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