What is the test for making a claim in a personal injury case?
California, United States of America
The following excerpt is from Innovation Ventures, LLC v. Rubinstein, G046242 (Cal. App. 2012):
Once a plaintiff makes a prima facie showing of facts that would support a judgment in its favor, the court will "consider[] the defendant's opposing evidence, but only to determine if it defeats the plaintiff's showing as a matter of law. [Citation.]" (Kashian v. Harriman (2002) 98 Cal.App.4th 892, 906.) The evidence presented by attorneys does not do so.
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