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1 Every California judge is familiar with the requirement to issue timely decisions under a constitu- tional provision (Article VI, Section 19) that sets a deadline for judicial decisions: 90 days after the matter is submitted for decision.
Defendants can file a motion to dismiss in many situations. Can a plaintiff also file a motion to dismiss in California? Generally, plaintiffs are allowed to file a motion to dismiss, as well.
Federal Court: after an opposing party has filed an answer or a motion for summary judgment, a plaintiff may only dismiss his case either by court order or by a stipulation of all parties in the case.
In California state criminal procedure, a motion to dismiss pursuant to Penal Code Section 995 gives the defendant the option of moving a trial court to dismiss their criminal case following a preliminary hearing at which the defendant was held to answer on one or more criminal charges.
A motion to dismiss can be filed at any time. They are usually filed by defendants early on in the lawsuit, before they have filed an answer.
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A motion to dismiss should only be filed and will only be granted by a court, if: The allegations of the plaintiffs complaint disclose with certainty that the plaintiff would not be entitled to relief under any state of provable facts asserted in support thereof, and.
A motion to dismiss should only be filed and will only be granted by a court, if: The allegations of the plaintiffs complaint disclose with certainty that the plaintiff would not be entitled to relief under any state of provable facts asserted in support thereof, and.
A defendant making a motion to dismiss must do so before filing an answer or other responsive pleading, and the motion is generally due when the defendants answer would have been due (see FRCP 12(b)). Defendants may move to dismiss on the following grounds: Lack of subject matter jurisdiction (FRCP 12(b)(1)).
Under the Revised Rules, only the following grounds may be raised as grounds for a Motion to Dismiss: (a) lack of jurisdiction over the subject matter; (b) pendency of action between the same parties for the same cause; and (c) cause of action is barred by prior judgment or by the statute of limitations.
Defendants can file a motion to dismiss in many situations. Can a plaintiff also file a motion to dismiss in California? Generally, plaintiffs are allowed to file a motion to dismiss, as well.

sample of motion to dismiss