What is the test for determining whether a defendant has a right to sue for damages?
California, United States of America
The following excerpt is from People v. Valdez, F067927, F068411 (Cal. App. 2016):
rights of the defendant necessarily requires an examination of the merits of the claim ....' [Citation.]" (People v. Lawrence (2009) 177 Cal.App.4th 547, 553, fn. 11.)11
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