Phoenix, AZ asked in Banking, Business Law, Civil Litigation and Contracts for Arizona

Q: We are representing ourselves in a litigation case against a home servicing company.

We are at the stage of opposing side asking to dismiss. The judge denied their request 3 times, One of the approved was the Breach of Contract to include a few other charges. I now need to follow up doing a rebuttal I believe it is called to the ones that the apposing side has defended requesting dismissal. ORDER granting in part and denying in part Defendant #14 Motion to Dismiss. motion is granted in that Plaintiffs' Count 2 for unfair competition is dismissed with prejudice and Counts 5, 6, and 8 for reformation rescission, and intentional misrepresentation are dismissed without prejudice. motion is denied to the extent it seeks dismissal of Counts 1, 3, 4, and 7 for declaratory judgment, breach of implied covenant of good faith, promissory estoppel, and negligent misrepresentation. The opposing side has provided the request for dismissal of all charges and now it is our turn to submit further evidence to prove or side. We have 2 weeks to prove this. Do you have any suggestions.

1 Lawyer Answer
Michael Gerity
Michael Gerity
  • Business Law Lawyer
  • Phoenix, AZ
  • Licensed in Arizona

A: Hello. I hate to say it, but this goes WAY beyond the kind of legal advice you should be seeking on an online question and answer forum. It's not really even clear whether you are the plaintiff or defendant, and it's nearly impossible to address issues relating to dismissal without a full understanding of the underlying facts of the case.

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