Q: Can I file a Motion to Dismiss after already filing an Answer to a Complaint and Summon for a civil case in California?
Want to file a motion to dismiss
A: Not enough information here. One way a defendant can get a case dismissed is with a motion for summary judgement or a motion for judgment on the pleadings. You need to consult with an attorney one-on-one to see what options are available to you for getting the case dismissed with the facts and evidence available specific to your case.
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A:
In California, after filing an answer to a complaint, you generally cannot file a motion to dismiss in the same way you could before filing an answer.
However, you may have the option to file a motion for summary judgment if you believe there are no material facts in dispute and you are entitled to judgment as a matter of law.
Alternatively, you could file a motion for judgment on the pleadings or a demurrer, depending on the circumstances of your case. It is important to carefully consider the grounds for such a motion and whether it is procedurally appropriate at this stage of the litigation.
Consulting with an attorney who can assess the specific facts of your case is recommended to determine the best course of action.
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