This case has been cited 2 times or more.
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2009-01-30 |
TINGA, J. |
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| Moreover, there is nothing in the complaint which specified that the respondents were in possession of the property. They merely alleged that the occupants or possessors are "others not defendant Spouses Rodolfo"[45] who could be anybody, and that the property is in actual possession of "a number of the Pascua heirs"[46] who could either be the respondents or the heirs of Cipriano. The admission of the truth of material and relevant facts well pleaded does not extend to render a demurrer an admission of inferences or conclusions drawn therefrom, even if alleged in the pleading; nor mere inferences or conclusions from facts not stated; nor conclusions of law; nor matters of evidence; nor surplusage and irrelevant matters.[47] | |||||
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2006-06-22 |
CALLEJO, SR., J. |
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| Petitioner maintains that the trial court acted in accord with law when it dismissed the complaint. While it admits that when it filed its motion to dismiss on the ground that the complaint of respondent states no cause of action, it theoretically admitted the truth of the factual and material allegations in the complaint and not mere inferences or conclusions from facts not stated; nor conclusions of law; nor matters of evidence; nor surplusage and irrelevant matter.[30] Petitioner agrees that the court may not inquire into the truth of the allegations and find them to be false before a hearing is had on the merits of the case; and it is improper to inject in the allegations of the complaint facts not alleged or proved, and use these as basis for said motion.[31] The test of the sufficiency of the facts alleged in the complaint is whether or not, admitting the facts alleged, the court can render a valid judgment upon the same in accordance with the prayer of plaintiff. A complaint may also be dismissed for failure of plaintiff to comply with a condition precedent. There can be no cause of action for filing a complaint in court unless the condition precedent has been complied with. Performance or fulfillment of all conditions precedent whether proscribed by statement or by agreement of the parties or implied by law upon which a right of action depends must be sufficiently alleged.[32] | |||||