How does a plaintiff establish a probability of prevailing on a claim?
California, United States of America
The following excerpt is from Creative Plant Rentals, LLC v. Budget Truck Rental, LLC, G053700 (Cal. App. 2017):
"'A plaintiff establishes a probability of prevailing on the claim by showing that the complaint is legally sufficient and supported by a prima facie showing of facts that, if proved at trial, would support a judgment in the plaintiff's favor." (Ulkarim v. Westfield LLC (2014) 227 Cal.App.4th 1266, 1274.)
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