![]() ![]() In most cases, the other party will be given a certain period of time to amend their complaint in order to fix the problem. If we prevail, then the complaint will be dismissed. The hearing date may be several weeks or several months from now, depending on when the attorneys and judge are all available. We will set the motion to be heard by a judge or magistrate, and the motion will be ruled upon at the hearing. The reasons we filed one in your specific case are contained in the document itself. We filed this motion in order to clear up the foundation of the case, either because there was an inconsistency within the allegations or there was an allegation that was glaringly absent. This type of motion will usually NOT result in an outright win of your lawsuit, although in some cases it may be the first in a set of steps that could result in your case being dismissed. We file Motions to Dismiss when the other party’s statement of the case lacks a crucial detail or allegation. The motion is usually titled “Motion to Dismiss Plaintiff’s (Complaint/Amended Complaint)”. A motion to dismiss is usually filed because the offending complaint fails to allege enough facts to properly state a claim. ![]() Motion to Dismiss What Is It Ī Motion to Dismiss is a motion we file attacking the other party’s complaint. We filed a Motion to Dismiss in your case? Here’s some general information on what is a Motion to Dismiss. ![]()
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