Insufficient as a matter of law is the phrase used when the evidence offered by a plaintiff or prosecutor to his case has failed to provide even the minimum degree of evidence necessary to submit the case to the jury if it is a jury trial or to the Judge if it is a non-jury matter. It means that the legal principle asserted is not sufficient to warrant the case going forward. It will result in the dismissal of the action.
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That phrase is typically not used in state court litigation with respect to answering a credit card complaint.
If you are raising an affirmative defense to the complaint, you could allege that the complaint fails to state a cause of action.
if you are filing a demurrer to the complaint, you can argue that a specific cause of action fails to allege facts sufficient to constitute a cause of action.
If you ultimately file a motion for summary judgment, you could argue that there are no triable issues of material fact and that you as the defendant are entitled to judgment as a matter of law.
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.
It is difficult to give you a good answer without knowing the context. That said, complaints and answers must include certain things in order to state a cause of action or a defense. If the pleading does not include that information it is "insufficient as a matter of law."
This response is provided as general information only. It is not intended to be legal advice. Legal advice must be based on the exact facts of the particular situation, and by necessity this forum is not appropriate for discussion of specific, exact facts. Contact a lawyer for more specific advice. My answer to your question on AVVO does not create an attorney-client relationship.
Expanding upon the prior answers, it means that the basic elements are missing. For example, if you want to make chocolate milk you typically need milk and chocolate syrup. If you only have milk, the ingredients are insufficient to make chocolate milk. Same concept here, if some legal ingredient is missing then the issue will not come before the court.
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