What is the test for granting relief in a personal injury case?

California, United States of America


The following excerpt is from Clark, In re, 21 Cal.Rptr.2d 509, 5 Cal.4th 750, 855 P.2d 729 (Cal. 1993):

The court determines on the basis of the allegations of the original petition and the amended or supplemental petition, if any, as well as the supporting documentary evidence and/or affidavits, which should be attached if available, whether a prima facie case entitling the petitioner to relief if the allegations are proven has been stated. If so, the court issues an order directing the respondent to show cause why the relief sought should not be granted based on those allegations. When an order to show cause does issue, it is limited to the claims raised in the petition and the factual bases for those claims alleged in the petition. It directs the respondent to address only those issues. While the traverse may allege additional facts in support of the claim on which an order to show cause has issued, attempts to introduce additional claims or wholly different factual bases for those claims in a traverse do not expand the scope of the proceeding which is limited to the claims which the court initially determined stated a prima facie case for relief. (People v. Green (1980) 27 Cal.3d 1, 43, fn. 28, 164 Cal.Rptr. 1, 609 P.2d 468; In re Connor, supra, 16 Cal.2d 701, 711, 108 P.2d 10.)

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