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How to End a Lawsuit before it Actually Begins

Mesriani_Law_Group | Jul 23, 2010 |

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When a person sues you, don't panic. You have several options to stop the case, before it gives you financial troubles. One of these is to file a motion to dismiss. It nullifies the lawsuit filed against you, and immediately sets you free.

Pretrial motions can terminate your case. A defense attorney in LA can help in resolving your personal injury case. You may consider the following kinds of motions:

Motion to Dismiss

This type of motion is often filed at the beginning of litigation. It should have reached the attention of the court before the involved parties have carried out discovery.

The defendant tries to contest that the lawsuit filed by the plaintiff is legally deficient.

The court will try to review the materials and exhibits that the plaintiff has submitted based on the following legal deficiencies:

1. Lack of subject matter jurisdiction- The court, where the lawsuit is filed, is not the proper authority to litigate the case. It can be a special court that the state law has mandated to hear and litigate specific cases.

2. Lack of personal jurisdiction- The court does not have authority to litigate the defendant personally. For example: The defendant lives in Texas, but the accident happened in California; the lawsuit which is filed at New York can be dismissed.

3. Improper venue- If the lawsuit is filed in the correct state, but not in the correct region or city; the case may be dismissed. However, most courts order such case to transfer to its rightful location.

4. Insufficiency of process- The case can be terminated if there are technical inconsistencies or improper service in the summons. Ask your lawyer on how the service can be improper at times. You may request your lawyer to file a motion to dismiss on the basis of an insufficient service of process.

5. Failure to state a claim upon which relief may be granted- If the plaintiff has alleged you of negligent acts, but he/she has not established clearly such fault; the case may be dismissed. Also, if the law doesn't stipulate any liability on the defendant's part under specific circumstance, the case can be dismissed.

Summary Judgment Motion- If the plaintiff's facts are undisputed and have adequate legal basis, the court to render a decision. The defendant must present evidence to challenge the facts, and avoid a summary judgment that will abruptly end the case.

Motion for Default Judgment - If the defendant refuses to address the complaint, or submit necessary evidence to contest the allegations; the court may order entry of default. The defendant can no longer challenge the accusations.