Beating the 12(b)(6) Motion to Dismiss "FAILURE TO STATE A CLAIM". The Key is Showing PLAUSIBILITY.
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- Опубликовано: 28 сен 2024
- The Defendant's strategy to get rid of Plaintiff's lawsuit at the front end is filing the Motion to Dismiss. The 12(b)(6) Motion to Dismiss attacks the factual claims in the Complaint. The key to surviving this Motion is plausibility. This is a must watch.
This is very very important. They use this motion so much to get your case dismissed. Write the claim with the DEFENSE in mind, per Ms Lucinda
It really is. Thank you for your comment.
I appreciate you taking the time to educate us ❤
You are so welcome.
💋 You are the best teacher and I thank you for your legal teachings.
You are so welcome.
You are so welcome.
I love your presentations.
Glad you like them!
Thank you for this!
The 12 (b) 6 seems to be standard operating procedure, regardless of the facts.
One quick question, if you don't mind;
Is property ownership a protected activity?
This link answers your question: www.cato.org/cato-handbook-policymakers/cato-handbook-policy-makers-8th-edition-2017/property-rights-constitution
Best.
Great article, thank you!
My study has been in the area of property taxes. They are written for licensed businesses, and not for private property.
I plan to pursue a lawsuit to remove my freehold, non-income producing property from the rolls, and get injunctive and compensatory relief.
I wish you success.
Thanks LUCINDA
You are welcome.
In my divorce, she wanted exclusive possession of the home during the divorce proceedings, claiming I harassed her family via EMAIL by asking for money to help us, and because I "harassed" her, she called the police.
1. When the police called me, I asked if they had the email. They said no. So, the police did not contact the state's attorney.
2. At the first hearing, she said as much, i.e. that she called the police.
3. As pro se, I cross examined her. During my cross examination I asked her if she called the police. She said yes.
4. Then I asked her if she sent the EMAIL to the police. SHE SAID YES.
5. The judge granted her exclusive possession of the home because she and her lawyer argued that I harassed her via her family.
6. After this first hearing, I got the police report. In the police report, the officer said SHE DID NOT GIVE THEM THE EMAIL.
7. So, now we have a new hearing where the judge will hear me claim she COMMITTED PERJURY, and therefore she should not have been granted exclusive possession of the home.
In your opinion, will the judge rule in my favor? Perjury is a felony. I also lost out on enjoying my home.
Hi. I wouldn't know how the court is going to rule. No one does. You have made a case sufficiently to get a new hearing from the judge. Kudos to you. Now, consecrate on the presentation that you will make at the hearing. Best.
@@advocatelucinda
Thanks.
Additionally, her lawyer has not filed an answer.
He has also gone silent on me.
Could it mean that he has withdrawn? His google reviews show that he has done that with other clients who lied. The reviewer complained, then he answered the review by saying "I withdrew because you lied."
See what I mean?
Hopefully, you will find out what it means at the hearing. In the interim, prepare for it.
@@advocatelucinda
Yesterday, November 30, 2023, her lawyer sent me notice that he has motioned to withdraw as her counsel.
WTF???
The attorney should serve you with a copy of the motion. Stay on your guard.
Great information. I need your help? Do u provide consultation?
Yes I do. You can contact me at adjunctlaw@gmail.com. Best.
Yes I do. You can reach me at adjunctlaw@gmail.com
This was a blessing! #Whew
I am glad the viewo was helpful.
@@advocatelucindadoes this work against Title IV-D? Many fit fathers would like to know.
@@aviator83h It's typical for the defendant to file a motion to dismiss plaintiff's complaint, to stop the lawsuit. In other words, anyone who files a lawsuit, irrespective of what the cause of action is, the non-moving party may file a motion to dismiss. Best.
@@advocatelucinda I was enrolled in title iv-d my my vindictive wife just to keep me under her thumb. She’s not from this country and she was an attorney for 17 years before she immigrated here. She’s not practicing here in the states, but she discarded me after she got in the country. Now, both non-support and the divorce case (same judge on both) are trying to rail road me. Recently my ex was trying to manipulate me to take our daughter off my health plan for the ex to put her on Medicare/Medicaid. The D.A. Is trying to use this against me telling me the ex qualified to put our daughter on state health aid and this keeps me tied to title iv-d. This is fraud on they’re part (among other things their trying to hang me on).
You don’t get no equal protection, your due process is violated, they show no evidence on why they suing you, violate your constitutional rights also and a deputy is standing right behind you if you try to fight their fraud. I was told recently by the same agent that’s working my ex’s case through the DCFS that I shouldn’t be in this program, but yet does nothing to correct it.
I do not understand what would get them off of me. I wish I knew how to sue them, because all they are is nothing but contractors contracted to the DCFS and not in they’re official capacity. No attorney wants to help me at all. I’m going at this alone and I have no idea what to do. I did not sign nothing and I am not going through their system but they still threaten me with arrest of I don’t pay that extortion fee (that’s what I call it, lol). I’m tired, I want them keep out of my life. How??
Hi. I just realized I didn't comment on your reply. I hope things worked out for you.
Where is one meant to state this when the entities haven't identified themselves as a workplace nor law organization and don't conduct themselves as such? RUclips comments since they're archiving mine?
It's not clear what you are asking, and I don't want to speculate. However, if defendant's motion to dismiss is based on failure to state a claim, the brief should state specifically how. The plaintiff responds to defendant's motion and should use this as an opportunity to refute defendant's arguments, relying on facts and law.
Anyone know the case or ruling of a state case ruling from one state can be used in another state
Hi. Absent any law that states otherwise, state courts bind only other state courts within the state, not state courts in any other state. However, sometimes a federal court must apply a state's law. I hope this helps.
You have any advice or video on , private business in one state , person lives in another state , private business is doing a wage garnishment has no contract from a person or papers from a judge to do so. Want to file a 42 usc 1983 against them , violation of due process
Hi. It sounds like "private business" may or may not act. I'd cross that bridge when I get there.
2nd Answer To Amended Complaint Coming After The Make A More Definitive Statement It's Never Ending But Caught Defendants And Lawyer Right Where I Needed Them,GOD Is Good & So Are You Appreciate The Knowledge Shared,GM.
Good for you! Hang in there.
Dear Advocate 🌷Lucinda🌷
Your ‘beating the motion to dismiss’ presentation is brilliant💡
ThankYou🌷
Wow, thank you!
💐
The Helpful knowledge you are passing on has most definitely empowered me in my journey through civil litigation as pro se plaintiff. Quick question when a matter is removed to federal court because of complete diversity among parties but as a matter of course I amended the complaint adding a defendant who shares citizenship destroying diversity i filed a pending motion to remand in april. Now the newly added defendant filed a motion to dismiss itself from the lawsuit could the judge even entertain ruling on the motion when it lacks subject matter because there is no federal question of law nor complete diversity between the newly added defendant and the plaintiff
I don't know your case and its facts, and I not able to give you feedback. Except, lack of subject-matter jurisdiction cannot be waived; thus, if the court lacks subject matter jurisdiction it shouldn't adjudicate the matter, except dismissing the case for lack of subject-matter jurisdiction. F.R.C.P. 12(h)(3). Otherwise, any order or judgment should be deemed invalid.
@@advocatelucinda thank you so much for taking the time to educate me have a blessed day
You are welcome.
Just recently in a foreclosure case the wrongful attorney filed a 12b (6) The jive turkey had the nerve to file this in state court from the jump. Being in a non judicial state i filed a complaint and served summons to all defendants ( substitute trustee) and debt collector LLC ( resident agents) in fed court .Then he being qualified to litigate in fed court enters a notice of appearance TO CASE HE IS A DEFENDANT in. Getting this past the clerk of court is a violation .......the 12 b ( 6 ) should have been stopped at the door. QUESTION : how many days before a judge is supposed to reject that ? #SecondOpinion
Hi. Absent a law, rule, or statute that provides a timeline when a judge must respond, there is no timeline. Regarding stopping the 12(b)(6) motion at the door, the Plaintiff has an opportunity to respond and can assert his/her objections in the response. Best!
Im waiting for their answer of MTD. Ive been trying to gather case law but not 💯on if Im doing it correctly. Using google scholar. Find case and use “ “ out of it to back up my claims? Also by going to how cited may I use those “ “ as well? Thank you
Hi. Some time ago, I uploaded a video on finding case law. It gives you a research tool, and I explain how it works. And, it's free! Here is the link: ruclips.net/video/mC5teDhnxCo/видео.html. Best!
thank you
You're welcome!
I have a question?
Okay.
So my issue is I did not write out events/factual allegations in fac. But there are 4 3rd party like AG, MCAD, EEOC. It has like 4 of the counts that I believe state a cause of action. Along with evidence 58 pages. Would that be sufficient enough besides amending complaint, to show that I have stated cause of action.
Hi. I wouldn't know whether your submissions are sufficient to state a cause of action. None of us knows. The court will inform you after its decision. Hang in there.
@@advocatelucinda thanks so much for Getting back to me.
@@advocatelucindaI’m waiting on the decision for the 12b6 I couldn’t believe how much defendents council can outright lie under the law & the judge barely flinched & did not ask questions. I’m hoping it’s just continued I said I planned to address all the issues in the amended. But hopefully worse case dismissal without prejudice. Decision usually takes a month? I appreciate your time & patience. Wonderful advocacy
❤❤❤❤
Thank you.
I have a question
Okay.
@@advocatelucinda I sent you a email
Did you receive the email
Yes. Received.
Outstanding video, the Judge has dismissed my complaint, but permitted me to do an amended complaint…
I will follow the elements….
Thanks,
Coach
You are so welcome. Best.