Opposing A Motion To Dismiss For Naming Wrong Party
Description
How to fill out Motion To Dismiss Foreclosure Action And Notice Of Motion?
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FAQ
Rule 21.01(1)(a) states that a party may move for a determination, before trial, of a question of law raised by a pleading in an action where the determination of the question may dispose of all or part of the action, substantially shorten the trial, or result in a substantial saving of cost.
No reasonable cause of action/defence For example, a cause of action that makes out a duty of care that is not based on a recognized legal duty may well disclose no reasonable cause of action: no amount of evidence called at trial could make a duty exist where it has no legal basis.
Without reasonable cause means that a claim is made without there being any real reason, basis in fact(s) or purpose.
The Rule asks whether (i) based entirely on the content of the pleading; (ii) there is a question of law that will dispose of the action or an issue therein. No evidence is considered on the motion, except on leave of the court or consent of the parties.
You must include a summary of the legal basis for your opposition, explain the reason you are opposing the motion, and state what you would like the judge to order.