What is the test for determining whether a plaintiff has been found liable or liable in a personal injury case?
California, United States of America
The following excerpt is from Crossroads Investors, L.P. v. Fed. Nat'l Mortg. Ass'n, 13 Cal.App.5th 757, 222 Cal.Rptr.3d 1 (Cal. App. 2017):
We review the trial court's ruling de novo. ( Flatley v. Mauro (2006) 39 Cal.4th 299, 325, 46 Cal.Rptr.3d 606, 139 P.3d 2.) We consider "the pleadings, and supporting and opposing affidavits stating the facts upon which the liability or defense is based." ( Code Civ. Proc., 425.16, subd. (b)(2).)
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