What is the test for sufficiency of pleadings in a personal injury case?

California, United States of America


The following excerpt is from People v. Shuey, 120 Cal.Rptr. 83, 13 Cal.3d 835, 533 P.2d 211 (Cal. 1975):

This ruling may be fairly analogized to a holding that a given set of pleadings were or were not sufficient to state a cause of action. The language of the complaint would be 'stable,' and a determination of the sufficiency of the pleadings would, of course, be 'legal.' Thus, as noted above, it has long been held that sufficiency of pleadings is an issue subject to foreclosure by law of the case. (Archer v. Los Angeles (1941) 19 Cal.2d 19, 119 P.2d 1.)

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