A party may recover compensatory damages for any actual loss that the party can prove with reasonable certainty.
New Mexico Instruction to Jury Regarding Compensatory Damages for Conversion
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FAQ
Failure to state a claim is a defense asserting that even if all the factual allegations in a complaint are true, they are insufficient to establish a cause of action and the case should therefore be dismissed.
The two main options are simply responding to the motion to dismiss by arguing that the claims attacked do sufficiently allege a claim for relief, or the plaintiff may amend the complaint to cure any deficiencies.
A Motion to Dismiss is a formal document that would be filed in an court of law, usually soon after a case is brought to court. A Motion to Dismiss is essentially a request to have a case removed from court, or thrown out.
You can recover up to $10,000 in a New Mexico small claims court. In New Mexico, the Magistrate Court hears most small claims matters, and the two court names are used interchangeably in this article. The Metropolitan Court hears small claims cases in Bernalillo County.
Punitive damages are designed to punish the person who injured you. These damages are not awarded in every case; rather, in the state of New Mexico, they will only be awarded when the defendant's actions were reckless or intentional.
The purpose of a motion to dismiss for failure to state a claim for relief is to test the legal sufficiency of the claim, not the facts that support it, and the possibility of recovery based on a state of facts provable under the claims bars dismissal. Trujillo v. Berry, 1987-NMCA-072, 106 N.M. 86, 738 P.
Failure to state a claim upon which relief can be granted is a defense to a legal claim. It means that the claimant has failed to present sufficient facts which, if taken as true, would indicate that a violation of law had occurred or that the claimant was entitled to a legal remedy.