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https://legal-dictionary.thefreedictionary.com/Failure+to+State+a+Claim
Failure to State a Claim. Within a judicial forum, the failure to present sufficient facts which, if taken as true, would indicate that any violation of law occurred or that the claimant is entitled to a legal remedy. Failure to state a claim is frequently raised as a defense in civil litigation.
http://villasislawcenter.com/failure-to-state-a-cause-of-action-vs-lack-of-cause-of-action/
Failure to state a cause of action refers to the insufficiency of the pleading, and is a ground for dismissal under Rule 16 of the Rules of Court. On the other hand, lack of cause action refers to a situation where the evidence does not prove the cause of action alleged in the pleading.
https://www.avvo.com/legal-answers/failure-to-state-facts-sufficient-to-constitute-a--945157.html
Oct 05, 2012 · Failure to state facts sufficient to constitute a cause of action and general demurrer. Does the affirmative defense that “complaint does not state facts sufficient to constitute a cause of action”...
https://blog.legalsolutions.thomsonreuters.com/law-school-1/tackling-important-topics-law-school-part-8-rule-12b6s-failure-state-claim/
Sep 19, 2013 · “Failure to state a claim upon which relief can be granted” can mean a number of things, all of which have to do with what is stated in a complaint. First, and most typically, this means that the complaint failed to properly allege one or more of the required elements of an action.
http://member.suewrongdoers.com/wp-content/uploads/2014/09/A-METHOD-FOR-WRITING-FACTUAL-COMPLAINTS.pdf
Initially, you would want your complaint to survive a motion for dismissal on the ground that the complaint failed to state its causes of action sufficiently. After discovery, if defendant moves for summary judgment, your allegations will serve as an outline for your opposing brief. Too many attorneys find themselves writing their
https://www.avvo.com/legal-guides/ugc/florida---the-courts-consideration-of-a-motion-to-dismiss---generally
Sep 06, 2011 · A motion to dismiss for failure to state a cause of action should allege that the pleading in question fails to adequately state any legal recognizable cause of action that can be the basis for the relief sought.
https://quizlet.com/14781548/chapter-3-flash-cards/
A pleading in which a defendant asserts that the plaintiff's claim fails to state a cause of action (that is, has no basis in law) or that there are other grounds on which a suit should be dismissed.
https://www.appellatestrategist.com/2016/03/articles/jurisdictions/florida/florida-high-court-reaffirms-four-corners-rule-for-determining-the-sufficiency-of-a-complaint/
Mar 23, 2016 · It therefore concluded that the district court erred in holding that the Mauna Loa complaint failed to state a cause of action. The Court also concluded that the trial court did not abuse its discretion in determining that Mauna Loa failed to establish excusable neglect.
https://caselaw.findlaw.com/ca-court-of-appeal/1258432.html
Mar 21, 2005 · It is well established a default judgment cannot properly be based on a complaint which fails to state a cause of action against the party defaulted because, as Witkin explains, “[a] defendant who fails to answer admits only facts that are well pleaded.” 6 Because the third amended complaint alleged no facts with respect to Kondo, there were no facts for Kondo to admit.
https://quizlet.com/1845327/chapter-3-terms-flash-cards/
A pleading in which a defendant asserts that the plaintiff's claim fails to state a cause of action (that is, has no basis in law) or that there are other grounds on which a suit should be dismissed. Although the defendant normally is the party requesting a dismissal, either the plaintiff or the court can also make a motion to dismiss the case.
https://law.justia.com/cases/new-york/other-courts/2012/2012-ny-slip-op-52245-u.html
The first affirmative defense is that the complaint fails to state a cause of action. The second is that the court lacks personal jurisdiction over Markland due to improper service. The third is that plaintiff's complaint fails to allege facts sufficient to state a cause of action upon which relief may be granted.
http://ij.org/wp-content/uploads/2013/11/miami-shores_motion-to-dismiss_1-10-2014.pdf
Complaint shows that the Ordinance does deprive them not of the right to use their property to feed themselves and does not subject them to financial costs. As Plaintiffs’ Complaint is internally inconsistent and shows that Plaintiffs are unable to state a cause of action, Plaintiffs’ claim fails as …
https://law.justia.com/cases/new-york/other-courts/2011/2011-50479.html
Defendants also argue that plaintiff failed to allege that the statements were made with scienter, that is, that defendants made statements that they knew were false, and, thus, plaintiff failed to state a cause of action and/or plead with particularity.
https://caselaw.findlaw.com/fl-district-court-of-appeal/1688973.html
To the extent the body of the complaint attempts to allege Chase is a nonholder in possession of the note with the rights of the holder, the complaint fails because the allegation is so vague, indefinite, ambiguous, and conclusory as to wholly fail to state a cause of action in favor of Chase, with the most fatal flaw being no specific allegation of possession of the note.
https://mattweidnerlaw.com/foreclosure-process-florida-heres-defend-foreclosures-florida/
THE COMPLAINT FAILS TO STATE A CAUSE OF ACTION The complaint fails to include an allegation that Plaintiff is the holder of the note and mortgage In order to state a cause of action for mortgage foreclosure, the complaint must allege that the plaintiff is either …
https://www.malvinfeinberg.com/2014/02/20/floridas-fourth-dca-default-judgment-based-upon-complaint-that-fails-to-state-a-claim-is-only-voidable-not-void-stage-set-for-florida-supreme-court-review/
Feb 20, 2014 · To rule that a judgment affecting title to property is void if the complaint on which it is based failed to state a cause of action could cloud a title for years and years, rendering it unsellable.
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