This case has been cited 1 times or more.
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2011-11-16 |
PERALTA, J. |
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| Indeed, unlike a motion to dismiss based on the failure of the complaint to state a cause of action, which may be resolved solely on the basis of the allegations of the complaint, the Motion to Dismiss filed by petitioner raised an affirmative defense that he has long been in possession of the disputed property as an owner and that he has repudiated his co-ownership of the subject property with private respondents and the other co-heirs. The motion thus posed a question of fact that should be resolved after due hearing.[19] | |||||