Skip to main content

CAN YOU APPEAL 'A MOTION TO DISMISS?' IF SO HOW MUCH TIME DO YOU HAVE? ISN'T 'MOT. TO DISMISS' NORMALLY AGAINST 7TH AMENDMENT?

Beverly Hills, CA |

MAJORITY OF RATINGS FOR A PARTICULAR FED. JUDGE: (KNOWN FOR AT TIMES LACKING THOROUGH ANALYSIS OF CASES): JUDGE THREW OUT COPYRIGHT INFRINGEMENT CASE ON GRANTING 'MOTION TO DISMISS:' (FAC - CANNOT AMEND) (JUDGE RATINGS: ROBING ROOM, ETC.). FED. JUDGE NEVER ADDRESSED ANY OF THE 79 OR SO SUBSTANTIAL SIMILARITIES JUST THE IN OR ABOUT 3 HE DID NOT SEE AS SUBSTANTIALLY SIMILAR. JUDGE ALSO DISREGARDED: 1 DUAL CONFESSIONS BY TWO DEF'S TO STEALING A LOT OF STUFF FROM PEOPLE: AS TWO DEF INTRODUCE PLAINTIFF'S MAJ. AWARDED SCENE 2. DISREGARDED DEF'S ADMISSION TO WRITING VERY LITTLE OF THE SCRIPT. 3. PLAINTIFF'S SCRIPT REFLECTS CONTENT OF DEF. MOVIES MORE THAN DEF.'S SCRIPTS. 4. FIVE DEF.'S REG. PREV. YR OF REGISTR. ON 'SHOOTING DRAFT' FOR HIT MOVIE TO 3 YRS EARLIER: FRAUD & FRAUD ON COPYRIGHT OFFICE.

Attorney Answers 2


  1. Yes, it is possible to appeal to the Ninth Circuit Court of Appeal, but you don't indicate how the court ruled on the Rule 12(b)(6) motion. Was the motion granted in its entirety? Did you file a timely written opposition to the motion?

    No, a motion to dismiss is not against the Seventh Amendment of the U.S. Constitution. A Rule 12(b) motion is a procedural hurdle which a claim for relief must surmount before it gets to a trial.

    Frank W. Chen is licensed to practice law in the State of California. The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult your own attorney.


  2. You can appeal from an order or a judgment. If the court granted the motion to dismiss, you can appeal. Did you file a response to the motion? You need to ahve preserved your issues for purpose of appeal, and that means that you raised them in the trial court.

    Motions to dismiss are constitutional, and are common place. They challenge whether a complaint is legally sufficient to go to trial.

    You concern about the competence of the judge will not help on appeal unless you raised those in the trial court. Your assertion that he has bad ratings is not a basis for appeal.

    This answer does not create an attorney-client relationship. It is advisable to consult with an attorney with full disclosure of relevant facts for a comprehensive leagl opinion.