What is the test for a cause of action in a medical malpractice case?
California, United States of America
The following excerpt is from Yalley v. Liberty Life Assurance Co. of Bos., A154076, A154803 (Cal. App. 2019):
Here, appellants' allegations do not state a cause of action because they (1) fail to allege an actual controversy as to future rights and (2) fail to allege facts from which a violation of section 3751 or 3752 might be inferred. Either ground is sufficient to uphold the trial court's ruling. (Aubry v. Tri-City Hospital Dist. (1992) 2 Cal.4th 962, 967.)
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