One of the first obstacles a plaintiff (i.e., the party filing the lawsuit) encounters at the beginning of a lawsuit is a motion to dismiss (known in some states as a demurrer) for failure to state a claim (AKA failure to state a cause of action). In essence, this motion (or demurrer) challenged the LEGAL sufficiency of the complaint.

In this episode, I will discuss*:

  • The main grounds for a motion to dismiss (or demurrer) for failure to state a claim (AKA failure to state a cause of action)
  • Common mistakes made by pro se / pro per parties (and even attorneys!)
  • How certain defective complaints can be cured to defeat a motion to dismiss (or demurrer)
  • Much more!

For videos, articles, and podcasts regarding motions, discovery, trials, and everything civil litigation, check out TheLegalSeagull.com!

* Every jurisdiction has its own laws and court rules. Make sure you read, understand, and comply with the laws and court rules in your jurisdiction.

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