woolfe9998
Lifer
- Apr 8, 2013
- 16,189
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so, from my perspective, you're using terminology that's related to summary judgments. if there's a question of fact for the jury (or judge, if the judge is the trier of fact at trial - not everything gets a jury and not everyone wants a jury), then summary judgment must be denied.
Correct. In a 12(b)(6), called a "demurrer" in California, the court doesn't merely view the facts "in the light most favorable" to the plaintiff. It literally assumes all allegations in the complaint are true and permits no opposing evidence. In a summary judgment motion, which happens after discovery, both sides can submit evidence, but any conflict in the evidence is resolved in favor of the party opposing the motion. What he described is a summary judgment standard, not a 12(b)(6) standard.