Can a court disregard allegations in a complaint if the allegations in the complaint are not proven?
MultiRegion, United States of America
The following excerpt is from R.G. On Behalf Of M.G v. Clovis Unified Sch. Dist., No. CV F 10 - 1979 AWI DLB (E.D. Cal. 2011):
the court may disregard allegations in the complaint if contradicted by facts established by reference to documents attached as exhibits to the complaint. [Citation.] Under certain circumstances, the court may also refer to documents upon which a complaint naturally relies but are not in fact attached tot he complaint. Branch v. Tunnel, 14 F.3d 499 449, 454 (9 Cir. 1994).
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