What is the test for a motion for dismissal in a medical malpractice case?
MultiRegion, United States of America
The following excerpt is from D.R. Mason Constr. Co. v. Gbod, LLC, Case No. 17-cv-01779-BAS-WVG (S.D. Cal. 2018):
(9th Cir. 2004). To resolve this challenge, the court limits its review to the allegations in the complaint, assumes the allegations in the complaint are true, and draws all reasonable inferences in favor of the party opposing dismissal. Id.; see also Wolfe v. Strankman, 392 F.3d 358, 362 (9th Cir. 2004).
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