This case has been cited 1 times or more.
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2005-09-21 |
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| In determining whether the allegations of the complaint are sufficient to support a cause of action, the complaint does not have to establish or allege the facts proving the existence of a cause at the outset; this will have to be done at the trial on the merits of the case.[2] A complaint is sufficient if it contains sufficient notice of the cause of action even though the allegations may be vague and indefinite.[3] To sustain a motion to dismiss for lack of cause of action, the complaint must show that the claim for relief does not exist rather than that a claim has been defectively stated or is ambiguous, indefinite or uncertain.[4] The determination of the issue of ownership of a property requires proofs which can be threshed out, not in a motion to dismiss, but in a full-blown trial on the merits. | |||||