Motion to Dismiss – Civil Litigation
Plaintiffs’ claims for fraudulent and negligent misrepresentation fail because the Defendants did not know of the allegedly misrepresented conditions. Furthermore, Plaintiffs were not justified in relying upon the representations made by the defendants. To the extent the purported defects existed at the time of contracting, they were open and obvious and could have been detected through reasonable diligence. Plaintiff’s breach of contract claim fails because there is no genuine dispute that the defendants did not have actual knowledge of the presence of bats under the roof tiles on the house. Accordingly, they did not breach a contractual duty owed to Plaintiffs as prescribed by the Seller’s Property Disclosure form. Plaintiffs’ claim for civil conspiracy likewise fails because the defendants have not committed an unlawful act.
Brief in Support to Motion to Dismiss (Patent Law)
A 12B brief in support for a motion to dismiss for patent infringement
Motion to Dismiss FED Case-Landlord and Tenant
Motion to Dismiss a FED case for lack of proper service and improper pleading. Ultimately, it worked, but the court still required a hearing.
Motion to Dismiss – Lack of Personal Jurisdiction
MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION PURSUANT TO FED. R. CIV. P. 12(b)(2)
Stipulated Motion for Dismissal with Prejudice
STIPULATED MOTION FOR DISMISSAL WITH PREJUDICE
Motion to Strike Exhibits
PLAINTIFF MOTION TO STRIKE EXHIBITS A – D TO DEFENDANT MOTION TO DISMISS THE AMENDED COMPLAINT
Motion to Suppress/Dismiss for lack of Probable Cause
Motion to Suppress Arrest/Dismiss for lack of Probable Cause.
Motion to Dismiss Civil Conspiracy Claim
A motion to dismiss a civil conspiracy claim
Motion to Dismiss for Lack of Diversity Jurisdiction
A motion filed to dismiss a federal case due to lack of diversity jurisdiction
Motion to Dismiss: Reliance Upon Hearsay
A CRIMINAL MOTION TO DISMISS BASED UPON RELIANCE IN HEARSAY EVIDENCE AT PRELIMINARY HEARING
Petitioners Response to Respondant’s Motion to Dismiss – Parenting Time
PETITIONER’S RESPONSE TO RESPONDENT’S MOTION TO DISMISS IN A MOTION TO CHANGE PARENTING TIME
Plaintiff’s Brief in Response to Motion to Dismiss
PLAINTIFF’S BRIEF IN SUPPORT OF RESPONSE TO DEFENDANT’S MOTION TO DIMSISS OR, IN THE ALTERNATIVE, MOTION FOR MORE DEFINITE STATEMENT
Motion to Suppress Evidence due to Mistake of Law
Motion to Suppress Evidence Due to Mistake of Law.
Motion to Dismiss – Wrongful Death Action
Motion to Dismiss – Wrongful Death Action
Stipulated joint motion to hold case in abeyance
Used in divorce proceedings, the parties were trying to reconcile but did not want the court to dismiss case.