This case has been cited 1 times or more.
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2010-03-05 |
ABAD, J. |
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| The test of sufficiency of a complaint is whether or not, assuming the truth of the facts that plaintiff alleges in it, the court can render judgment granting him the judicial assistance he seeks.[1] And judgment would be right only if the facts he alleges constitute a cause of action that consists of three elements: (1) the plaintiff's legal right in the matter; (2) the defendant's corresponding obligation to honor or respect such right; and (3) the defendant's subsequent violation of the right. Absent any of these, the complaint would have failed to state a cause of action.[2] | |||||