Sample Motion to Dismiss under Rule12(b)(6)

Document Sample
Sample Motion to Dismiss under Rule12(b)(6) Powered By Docstoc
					 1   Any Defendant
     Any Street
 2   Any Town, CA 90000

 3   949-555-5555

 4   Defendant, In Pro Per

 5

 6

 7

 8                                    UNITED STATES BANKRUPTCY COURT

 9                                     CENTRAL DISTRICT OF CALIFORNIA

10

11   IN RE: ANY PARTY,                               )   Case No.
                                                     )
12                      Debtor,                      )   Chapter 7
                                                     )
13   ANY PARTY,                                      )   Adv. Proc No.
                                                     )
14   Plaintiff,                                      )   NOTICE OF MOTION AND MOTION TO DISMISS
                                                     )   FOR FAILURE TO STATE A CLAIM, OR IN THE
15                vs.                                )   ALTERNATIVE FOR A MORE DEFINITE
                                                     )   STATEMENT; MEMORANDUM OF POINTS AND
16   ANY PARTY,                                      )   AUTHORITIES
                                                     )
17   Defendant.                                      )   DATE:
                                                     )   TIME:
18                                                   )   DEPT:
                                                     )
19                                                   )
                                                     )
20                                                   )

21
                  TO PLAINTIFF, _______________ AND HIS ATTORNEYS OF RECORD:
22
                  PLEASE TAKE NOTICE that on ________, at ______M. in Courtroom of the
23

24   above-entitled Court located at ___________________________, Defendant _________ will move

25   this Court for an Order dismissing the First Amended Complaint, or in the alternative for an Order
26
     requiring Plaintiff to provide a more definite statement.
27

28


                                                   - 1 -
                                  NOTICE OF MOTION AND MOTION TO DISMISS
 1          This Motion will be made on the grounds that Plaintiff has failed to state a claim upon which

 2   relief can be granted under the Federal Rules of Bankruptcy Procedure § 7012(b)(6), or in the
 3
     alternative that Plaintiff should be required to provide a more definite statement under Federal Rules
 4
     of Bankruptcy Procedure § 7012(e).
 5
            This Motion shall be based upon this Notice, the attached Memorandum of Points and
 6

 7   Authorities, the complete files and records of this action, and such other evidence as may be

 8   presented at the hearing on this Motion.
 9

10
     Dated_________________________                       _______________________________________
11                                                        ________ Defendant, Pro Se
12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28


                                                 - 2 -
                                NOTICE OF MOTION AND MOTION TO DISMISS
 1                          MEMORANDUM OF POINTS AND AUTHORITIES

 2                                                        I.
 3
                                            STATEMENT OF FACTS
 4
            Plaintiff has filed a First Amended adversary complaint against Defendant. The complaint has
 5
     one cause of action, for non-dischargeability under §§ 523(a)(2)(4) or (6).
 6

 7          Defendant contends that the First Amended Complaint fails to state any cause of action under

 8   any of the three (3) separate statutes, that it fails to allege with particularity the circumstances of any
 9
     fraud as required by Rule 9(b). Also it is so vague and ambiguous that Defendant cannot reasonably
10
     prepare a proper response as Plaintiff is in fact attempting to graft three different causes of action into
11
     one.
12

13          Defendant requests that the Court dismiss the First Amended Complaint for failure to state a

14   claim, or in the alternative require Plaintiff to provide a more definite statement.
15
            Be sure to modify these paragraphs to suit your individual situation. Do NOT just
16
     use the wording here unless it definitely 
				
DOCUMENT INFO
Shared By:
Stats:
views:216
posted:6/2/2011
language:English
pages:9
Description: This sample motion to dismiss an adversary complaint for fraud is made pursuant to Federal Rules of Civil Procedure Section 12b)(6) is for use in an adversary proceeding in a bankruptcy case but can be modified for use in a standard federal civil case. The sample includes a memorandum of points and authorities with full citations to case law and statutory authority and includes a proof of service by mail. The motion also includes a request in the alternative for a more definite statement under Federal Rules of Civil Procedure Section 12(e). The author is a freelance paralegal with over 15 years of experience in California litigation and has used this sample for many years. Note that the author is NOT an attorney and no guarantee or warranty is provided.
BUY THIS DOCUMENT NOW PRICE: $19.95 100% MONEY BACK GUARANTEED
PARTNER Stan Burman
Freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 245 sample legal documents.