This case has been cited 2 times or more.
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2013-03-13 |
MENDOZA, J. |
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| Moreover, it is not enough that a party has, in effect, a cause of action. The rules of procedure require that the complaint must contain a concise statement of the ultimate or essential facts constituting the plaintiff's cause of action. "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."[22] The focus is on the sufficiency, not the veracity, of the material allegations. Failure to make a sufficient allegation of a cause of action in the complaint warrants its dismissal.[23] | |||||
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2012-09-19 |
PERALTA, J. |
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| A cause of action is a formal statement of the operative facts that give rise to a remedial right.[5] The question of whether the complaint states a cause of action is determined by its averments regarding the acts committed by the defendant.[6] Thus, it must contain a concise statement of the ultimate or essential facts constituting the plaintiff's cause of action.[7] Failure to make a sufficient allegation of a cause of action in the complaint warrants its dismissal.[8] | |||||