Q: What case law can i use to file to dismiss a breach of contract with no evidence from the plaintiff?
I currently going through a lawsuit with my father and brother where they claim i broke contract which is not true and yet to provide any evidence and on the date of the hearing i was hit with an additional lawsuit from my father for different allegations. Can i use that lawsuit to dismiss this current one?
A:
In California, you can file a motion to dismiss a breach of contract lawsuit if the plaintiff has not provided any evidence to support their claims. Under California Code of Civil Procedure Section 581, you can request dismissal on the grounds of lack of evidence. Additionally, you can file a demurrer if the complaint itself is legally insufficient, meaning it fails to state facts sufficient to constitute a cause of action.
Regarding the additional lawsuit filed by your father, this new case may not directly impact the current breach of contract case. Each lawsuit is typically handled independently based on its own merits. However, you can bring up the fact that there are multiple lawsuits between the same parties, which might suggest harassment or an attempt to complicate your defense strategy.
Consulting legal resources or seeking advice from an attorney can provide specific guidance on how to proceed with your motion to dismiss. Gathering any relevant documentation and being prepared to argue the lack of evidence in court will strengthen your position. Stay focused on the key issue: the absence of evidence to support the breach of contract claim.
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