What is the test for pleading to recover damages under the California Motor Vehicle Accident Prevention Act?
California, United States of America
The following excerpt is from Baskin v. Hughes Realty, Inc., 235 Cal.Rptr.3d 589, 25 Cal.App.5th 184 (Cal. App. 2018):
Generally, "[w]he[n] a party relies for recovery upon a purely statutory liability it is indispensable that he plead facts demonstrating his right to recover under the statute. The complaint must plead every fact which is essential to the cause of action under the statute." ( Green v. Grimes-Stassforth S. Co. (1940) 39 Cal.App.2d 52, 56, 102 P.2d 452 ( Green ).)
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