What is the test for determining the truth of allegations in plaintiff's second amended complaint?
California, United States of America
The following excerpt is from Torrance Education Assn. v. Board of Education, 21 Cal.App.3d 589, 98 Cal.Rptr. 639 (Cal. App. 1971):
For the purposes of this decision we must assume the truth of allegations of fact in plaintiff's second amended complaint, but the alleged facts must be distinguished from the pleader's legal conclusions which require evaluation by the court. (Faulkner v. California Toll Bridge Authority (1953) 40 Cal.2d 317, 329, 253 P.2d 659.) The pertinent portions of the complaint will be summarized.
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