What is the test for determining whether a plaintiff has a claim for personal injury?
MultiRegion, United States of America
The following excerpt is from Escobedo v. SJZ Shields, LLC, Case No. 1:15-cv-00765---SAB (E.D. Cal. 2015):
The court is to evaluate the merits of the substantive claims alleged in the complaint as well as the sufficiency of the complaint itself. In doing so, the court looks to the complaint to determine if the allegations contained within are sufficient to state a claim for the relief sought. Danning v. Lavine, 572 F.2d 1386, 1388 (9th Cir. 1978).
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