What is the test for determining whether a plaintiff has a basis for liability in a motor vehicle accident?
MultiRegion, United States of America
The following excerpt is from Critical Care Diagnostics, Inc. v. Am. Ass'n for Clinical Chemistry, Inc., Civil No. 13cv1308 L (MDD) (S.D. Cal. 2014):
Each challenged basis for liability must be examined individually to determine if the plaintiff has demonstrated a probability of prevailing, and if the plaintiff has failed to do so, then only that basis must be stricken from the plaintiff's pleading. Navellier v. Sletten, 29 Cal.4th 82, 89 (2002).
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