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Steps to File a Motion to Dismiss Review the Complaint Thoroughly. Carefully read the plaintiffs complaint to identify any legal deficiencies. Research Relevant Laws and Precedents. Draft the Motion. Include a Conclusion. File the Motion with the Court.
Now, the California request for dismissal would be filled out by you if youre an attorney or even if youre an attorney, if youre a party without an attorney, you would just fill out and put your name at the top, just like we do with all of our Judicial Council forms.
Write a short and clear introduction. Draft a factually accurate narrative. Know the standard that must be met and craft an explanation of the standard. Use the most persuasive components of the relevant law. Apply the law to the facts in a convincing and credible manner. Conclusion.
Although most defenses to a complaint must be stated in the answer, a defendant can move to dismiss the complaint before filing an answer. Motions to dismiss typically make one or more of these arguments: The court lacks the authority or jurisdiction to decide the case or to compel a defendant to appear.
Use Judicial Council form CIV-110 Request for Dismissal, to dismiss any named or doe defendants not stated on the judgment. Costs claimed on the judgment: If the case could have been filed in Small Claims Court , you may apply to the court to have costs allowed as part of the judgment.
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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)Opens in a new window).

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