Q: Can a plaintiff include a statement 'plaintiff will prove if this case enters the discoveries stage?
In Plaintiff's Opposition to Motion to Dismiss First Amended Complaint, can the plaintiff include a statement 'that if this case moves forward to the discoveries stage, plaintiff will be given the opportunity to obtain evidence to prove her case?
Or is this not allowed?
A:
Your opposition to a motion to dismiss can indicate that there is discovery to be completed, but you must address the merits of the motion itself. From your question, I cannot tell if you are in state or federal court. If in federal court, you should not be attempting to represent yourself. (Even in state court you should not try representing yourself.)
The nature of your question leaves many details open to conjecture, so it is difficult in the abstract to answer you. I would need to know the nature of the case, what causes of action were pleaded, and grounds for the motion to dismiss.
If, for example, it is claimed that you failed to allege an element of your claim properly, that can surely be cured by a simple amendment of the complaint. If the defense is moving to dismiss on a more legal than procedural basis, then I would need to know much more.
1 user found this answer helpful
A:
See: http://sandiegolawlibrary.org/wp-content/uploads/2013/04/Opposing_a_Motion.pdf
More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
