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Phil was driving his car in San Diego, California, when he was involved in an accident with Don. Phil lives in San Diego. Don is
Phil was driving his car in San Diego, California, when he was involved in an accident with Don. Phil lives in San Diego. Don is a citizen of Alabama, but the registered owner of the car which Don was driving is Ellie (a citizen of Kentucky). Phil filed an action against Don in the appropriate U.S. District Court in California. The complaint contained a proper subject matter jurisdiction allegation. The complaint alleged only that there was a collision between the cars driven by Phil and Don, and that the former suffered personal injuries and property damage in the amount of $80,000. If Don filed a motion to dismiss for failure to state a claim upon which relief could be granted, the court would probably: Question 3Select one: a. Overrule the motion, without leave to amend. b. Grant the motion, with leave to amend. c. Overrule the motion, since Phil's complaint fails to identify the legal theory upon which his claim is predicated. d. Grant the motion, but only if the applicable statute of limitation under California law had expired
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