A motion to dismiss requests the court to dismiss a case on the grounds that even if all the allegations are true, there is no legal basis for the lawsuit to proceed.
The court may grant a motion to dismiss if the plaintiff's complaint fails to allege all the elements of a claim adequately. Or the court may grant it if the complaint fails to allege a measurable injury.
Defendants may move to dismiss on the following grounds: Lack of subject matter jurisdiction (FRCP 12(b)(1)Opens in a new window). Lack of personal jurisdiction (FRCP 12(b)(2)Opens in a new window). Improper venue (FRCP 12(b)(3)Opens in a new window).
A person, upon whom process has not been served within one year of commencement of the action against him, may make a special appearance, which does not constitute a general appearance, to file a motion to dismiss.
In one responsive pleading, the respondent may move to dismiss on any appropriate ground, including the failure to state facts upon which relief should be granted, and, in the alternative, may set forth grounds of defense as in an action at law.
The term "2232 Review" is derived from a Code of Virginia requirement under Section 15.2-2232. The County's 2232 Review Process determines the compatibility of proposed public facilities with the locational guidelines established in the Comprehensive Plan.
Maryland Code § 4–405. Virginia: You can file a case in Small Claims Court in Virginia if your claim is for less than $5,000 (including the recovery of personal property worth less than $5,000). Virginia Code § 16.1- 122.2.
You can email us at GDCMail@fairfaxcounty.
Conclusion: Going to small claims court may be worth it for $500, but it will determine how you weigh your costs versus benefits. At a minimum, it is worth it to send a demand letter.
You may be asked to provide a utility bill, lease agreement, or another item specified by the school. Further information about residency is available in TEC 25.001.