What is the test for dismissing a motion to dismiss an action on the grounds that the pleadings are fictitious or sham?

California, United States of America


The following excerpt is from Triodyne, Inc. v. Superior Court for Los Angeles County, 240 Cal.App.2d 536, 49 Cal.Rptr. 717 (Cal. App. 1966):

'From a consideration of the record herein, we are satisfied that the pleadings in this action present triable issues. We are equally satisfied that our holding on the motion to dismiss (Byer v. Arguello, supra [94 Cal.App.2d 110, 210 P.2d 328]) is determinative of this appeal on the merits. In the cited case we said, 94 Cal.App.2d 111, 210 P.2d 328:

"Courts have inherent power to dismiss actions upon the grounds that they are fictitious or sham. Such a motion to dismiss is proper practise, but in each case the question arises whether the specific facts presented to the court constitute grounds for an order of dismissal. Cunha v. Anglo California Nat. Bank, 34 Cal.App.2d 383, 93 P.2d 572.

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