[Your Name] [Your Address] [City, State, Zip Code] [Email Address] [Phone Number] [Date] [Recipient's Name] [Recipient's Address] [City, State, Zip Code] Subject: Filing of Motion to Dismiss — Motion of Admission Dear [Recipient's Name], I hope this letter finds you in good health. I am writing to file a Motion to Dismiss — Motion of Admission in the case of [Case Name], pending in the [Court Name] of Contra Costa County, California. I have carefully reviewed the relevant facts and legal arguments surrounding the case and firmly believe that the plaintiff's claims are baseless and lack sufficient evidence. Therefore, I respectfully request that the court dismiss the case in its entirety. To support my motion, I provide the following arguments: 1. Lack of Jurisdiction: The court does not have jurisdiction over this matter as the alleged incident did not occur within Contra Costa County. The evidence clearly shows that the incident took place outside the county's jurisdiction, and as such, the case should be heard elsewhere. 2. Failure to State a Claim: The plaintiff's complaint fails to state a valid claim upon which relief can be granted. Despite their assertions, the plaintiff has not provided any substantial evidence to support their allegations. Their claims are mere conjecture and speculative in nature, lacking legal merit. 3. Statute of Limitations: The plaintiff's claims are time-barred, as they failed to file within the appropriate statute of limitations. The incident in question occurred over [number of years/days] ago, well beyond the statute of limitations set by California law. 4. Lack of Standing: The plaintiff lacks proper standing to bring this claim against me. There is no direct or legal relationship between the plaintiff and me, nor have they provided any evidence to substantiate their claim. 5. Failure to Exhaust Administrative Remedies: The plaintiff has failed to exhaust the appropriate administrative remedies before resorting to legal action. They must first seek resolution through the appropriate channels, rendering their current lawsuit premature and unwarranted. In light of the aforementioned arguments, I kindly request the court to dismiss the case against me. Enclosed with this letter, please find the necessary documentation to support my motion, including affidavits, exhibits, and any relevant legal authorities that strengthen my position. I respectfully request that the court schedule a hearing to consider this motion promptly. If necessary, I am available to participate in any premiering conferences or mediation sessions to find a resolution to this matter. Thank you for your attention to this important motion. I look forward to a favorable resolution that upholds justice and protects my rights. Should you require any additional information or documents, please do not hesitate to contact me at the provided phone number or email address. Yours sincerely, [Your Name]
Contra Costa California Sample Letter for Filing of Motion to Dismiss - Motion of Admission
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How to fill out Contra Costa California Sample Letter For Filing Of Motion To Dismiss - Motion Of Admission?
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FAQ
(b) An action may be dismissed in any of the following instances: (1) With or without prejudice, upon written request of the plaintiff to the clerk, filed with papers in the case, or by oral or written request to the court at any time before the actual commencement of trial, upon payment of the costs, if any.
The present rules allow the filing of a Motion to Dismiss on the basis of (a) lack of jurisdiction over the person of the defendant; (b) lack of jurisdiction over the subject matter; (c) improper venue; (d) lack of capacity to sue; (e) pendency of action between the same parties for the same cause; (f) cause of action
A party seeking dismissal of a case under Code of Civil Procedure sections 583.410-583.430 must serve and file a notice of motion at least 45 days before the date set for hearing of the motion. The party may, with the memorandum, serve and file a declaration stating facts in support of the motion.
Submission means a surrender or yielding, as to an arrest; or a command. It refers to a matter to another for consideration and decision. For instance, the act of the court in instructing the jury and sending them out to return a verdict is a submission.
Other times, the judge may not decide the case until later. This is called "taking the case under submission." If the judge takes the case under submission, you'll receive your copy of the Notice of Entry of Judgment in the mail, after the case is decided.
Motions to dismiss ask the court to throw out a case in Los Angeles, California. Motions to dismiss can be used in either civil or criminal cases. Defendants can file a motion to dismiss in many situations.
Motions to dismiss ask the court to throw out a case in Los Angeles, California. Motions to dismiss can be used in either civil or criminal cases. Defendants can file a motion to dismiss in many situations.
Under the Revised Rules, only the following grounds may be raised as grounds for a Motion to Dismiss: (a) lack of jurisdiction over the subject matter; (b) pendency of action between the same parties for the same cause; and (c) cause of action is barred by prior judgment or by the statute of limitations.
In California state criminal procedure, a motion to dismiss pursuant to Penal Code Section 995 gives the defendant the option of moving a trial court to dismiss their criminal case following a preliminary hearing at which the defendant was held to answer on one or more criminal charges.
Under Advisement: The judge may want to delay announcement of the decision for a variety of reasons or may want more time to consider the evidence and the law before issuing a written decision. This is called "taking the matter under advisement."
