What is the test for determining whether an operative pleading states a cause of action?
California, United States of America
The following excerpt is from Foreman v. City of Lynwood, B278912 (Cal. App. 2018):
Our review is de novo. We independently determine whether the operative pleading states a cause of action as a matter of law.12 We give "the complaint a reasonable interpretation, reading it as a whole and its parts in their context." (Stearn v. County of San Bernardino (2009) 170 Cal.App.4th 434, 439.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for determining whether an action is a cause of action? (California, United States of America)
What is the test for determining whether plaintiff has stated a viable cause of action? (California, United States of America)
Does the prosecution have any authority to determine whether the damage to the body caused by postmortem animal scavenging was caused by human caused mutilation? (California, United States of America)
What is the test for determining whether a complaint alleges facts sufficient to state a cause of action or discloses a complete defense? (California, United States of America)
In a personal injury action brought by a former wife against her ex-partner in a civil action, in addition to a similar action against the husband in a separate action, can the court order return to husband in the civil action? (California, United States of America)
Does the pendency of a federal action brought by a state against a federal defendant have any bearing in determining whether the federal action is pending? (California, United States of America)
What is the test for a jury to determine whether a defendant's mental state was not a factor in determining whether they had committed a sexual assault? (California, United States of America)
What is the test for determining whether a defendant's intent or mental state is a factor in determining whether they intended to commit an act of violence? (California, United States of America)
What is the test for determining whether a motion for judgment on the pleadings is a cause of action? (California, United States of America)
Is a motion for judgment on the pleadings appropriate when the complaint fails to allege facts sufficient to state a cause of action? (California, United States of America)
