petitioner and respondent dated for several months until petitioner ended the relationship in january 2013 during the latter part of that month respondent returned a fire pit that belonged to petitioner placing it in her backyard
Failure to state cause of action is the single most common reason for lawsuits to get dismissed. 1. What specifically is cause of action. 2. Where in a basis of lawsuit should it be? 3. Any tips on the wording??
A cause of action for negligence arises if the following elements are present: (1) the claimant must suffer some damage; (2) the damage suffered must be caused by the conduct of the defendant; (3) the defendantâs conduct must be negligent, that is, in breach of the standard of care set by the law; (4) there must be a duty recognized by the law to avoid this damage; (5) the conduct of the defendant must be a proximate cause of the loss or, stated in another way, the damage should not be ...