What is the test for determining whether a plaintiff has a right to sue for sexual assault?
California, United States of America
The following excerpt is from People v. Pawlicki, D063728 (Cal. App. 2015):
rights were violated. (People v. Taylor (1984) 162 Cal.App.3d 720, 724-725.) Once the court makes these factual findings, it also "should make other pertinent findings based upon its own observations and the evidence presented to it. On appeal, all presumptions favor the trial court's exercise of its power to judge the credibility of witnesses, resolve any conflicts in testimony, weigh the evidence, and draw factual inferences." (Ibid.)
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