What is the test for determining whether a plaintiff has a valid claim in common law?

California, United States of America


The following excerpt is from Cent. Laborers' Pension Fund v. McAfee, Inc., 17 Cal.App.5th 292, 225 Cal.Rptr.3d 249 (Cal. App. 2017):

common law, the court looks to " the nature of the rights involved and the facts of the particular casethe gist of the action. " ( Wisden v. Superior Court (2004) 124 Cal.App.4th 750, 755, 21 Cal.Rptr.3d 523 ; accord

[225 Cal.Rptr.3d 295]

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