Q: Can I respond to the Plaintiffs Notice of Intent to turn my motion to dismiss into summary judgement?
Lawsuit filed by my ex for a large amount of money. In his complaint he is claiming Conversion and Breach of Bailment Contract and the only items attached to his complaint to back up his claims is a list of items with ludicrous values attached to them. He is claiming in his complain that I refused to allow him to come get his belongings and then was allowed only a 15 min window of time with Pima County Sheriffs deputies and that was not enough time for him to claim his belongings. In my motion to dismiss, I attached the 4 police reports of the time and dates he was allowed to come retrieve his belongings, including one instance that he came with a moving truck defending the claim that he was refused time to claim his items and that he is filing a false complaint. In his Notice of Intent to change my motion to dismiss to a summary judgement he is claiming because I attached those reports the court has to treat my motion as a summary judgement and they have more time to file a response.
A: If you are representing yourself in this litigation you need to be familiar with court rules. See rule 12 (d) that states when matters outside the pleadings are presented in support of a motion to dismiss under rule 12, the Court shall treat the motion as one for summary judgment. You have some very good evidence that your ex's claims are exaggerated or false, but the Court will probably allow treatment of your motion as a motion for summary judgment. If your ex's claim is for a large sum of money, I strongly recommend hiring counsel to assist you in defending. You may also have counterclaims that an attorney may help you identify and preserve.
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