Yes I will be arguing that the trial court did not accept all my allegations made in the amended complaint as true when it found the claims were futile.
I was just wondering if the trial court has to address the active complaint in the case (the first amended complaint) directly or it can essentially dismiss those claims through the proposed second amended complaint without any specific discussion of the claims. The trial court only addressed and dismissed the original complaint (wrong set of allegations, theories and claims). Wondering if I can make a procedural argument in addition to highlighting the allegations that would support my claims.
Awesome that was what I needed explained.
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