EBS, in deciding a motion to dismiss the class action complaint, the first rule is that everything the plaintiff alleges must be regarded as TRUE. The argument is, even if it is accepted that all the allegations in the complaint are TRUE, the complaint fails to state a cause of action for which relief may be granted, as a matter of LAW (not fact). The class action plaintiff could have easily stated a cause of action, by lying and making up facts, their attorney surely knows what facts would be needed to state a valid complaint. The fact that they did not do so speaks to the gravity and seriousness with which attorneys approach what they can and cannot say in a legal filing. If anything, it shows that even ambulance-chasing bottom feeders like the class action attorneys, will not stoop to making up false facts. PPHM's attorneys are not going state FACTS in their amended complaint unless they have fully vetted them and convinced themselves that such facts are true.