Can a claim be denied on the basis that the claim is not alleged in the complaint?

California, United States of America


The following excerpt is from Lion Raisins, Inc. v. Ross, 279 Cal.Rptr.3d 222, 64 Cal.App.5th 718 (Cal. App. 2021):

26 This claim also is properly denied on procedural grounds since it was not alleged in appellants complaint. (Centex Homes v. Superior Court (2013) 214 Cal.App.4th 1090, 1102, 154 Cal.Rptr.3d 737.)

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