Skip to main content

Can a case be dismissed at a case management conference?

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.

+ Read More

Attorney answers 3


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 only licensed in the Commonwealth of Pennsylvania and I am not providing you with specific legal advice. The law changes frequently and varies from jurisdiction to jurisdiction. Being general in nature, the information provided may not apply to any specific factual and/or legal set of circumstances and/or the jurisdiction where you reside. No attorney-client relationship is formed nor should any such relationship be implied. The information provided is of a general nature is not intended to substitute for the advice of an attorney, especially an attorney licensed in your jurisdiction. Your question, although you may believe is simple, it is not simple. You require legal advice, please consult with a competent attorney licensed to practice in your jurisdiction.


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 analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also terms and conditions item 9, incorporated as if it was reprinted here.


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.

Matt Clarke

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer