Can a case be dismissed at a case management conference?

Asked 8 months ago - Fremont, CA

If the plaintiff has no standing to sue, can that be handled then or does a "hearing" have to happen?
I am the defendant.
I want to bring that up.

Attorney answers (3)

  1. Michael Charles Doland

    Contributor Level 20

    1

    Lawyer agrees

    Answered . The case management conference is not the place or time. You need to make a motion or other pleading.

    The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may... more
  2. Matthew Mackenzie Clarke

    Contributor Level 8

    Answered . If it is clear on the face of the complaint that the plaintiff has no standing, you can file a motion for judgment on the pleadings (assuming you have already answered). If you would need facts to prove your argument, you will need to file a motion for summary judgment which is a complicated, exacting thing to do. Code of Civil Procedure 438 deals with motion for judgment on the pleadings and Code of Civil Procedure 437c deals with motion for summary judgment.
    http://www.leginfo.ca.gov/cgi-bin/displaycode?s...

    Matt Clarke

  3. Samuel Cohen

    Contributor Level 20

    1

    Lawyer agrees

    Answered . This is generally handled by way of a Motion.

    The information provided is for general informational purposes only and is not intended to be legal advice. I am... more

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