What is the test for determining whether a plaintiff has a viable cause of action?
California, United States of America
The following excerpt is from Planet Bingo, LLC v. Burlington Ins. Co., E066690 (Cal. App. 2018):
"Because this matter comes to us after a judgment on the pleadings, we take the facts from [the p]laintiff's complaint, the allegations of which are deemed true for the limited purpose of determining whether [the p]laintiff has stated a viable cause of action. [Citations.]" (Timed Out, LLC v. Youabian, Inc. (2014) 229 Cal.App.4th 1001, 1004, fn. 1.)
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