Does a plaintiff have to prove that they are entitled to sue for damages against a third party for failing to provide adequate evidence to support their claim?
California, United States of America
The following excerpt is from Alexis v. Airbnb, Inc., B290917 (Cal. App. 2019):
7. This allegation appears nowhere in plaintiffs' operative pleading. Nonetheless, plaintiffs correctly note that, in determining whether their complaint states a claim on any theory, we may consider the sufficiency of allegations proposed for the first time on appeal. (Code Civ. Proc., 472c; Chapman v. Skype Inc. (2013) 220 Cal.App.4th 217, 226.)
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