Complaint States No Cause Of Action

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G.R. No. 197380 - LAWPHiL

    https://www.lawphil.net/judjuris/juri2014/oct2014/gr_197380_2014.html
    Failure to state a cause of action and lack of cause of action are distinct grounds to dismiss a particularaction. The former refers to the insufficiency of the allegations in the pleading, while the latter to the insufficiency of the factual basis for the action.

FAILURE TO STATE A CAUSE OF ACTION ... - Villasis Law Center

    http://villasislawcenter.com/failure-to-state-a-cause-of-action-vs-lack-of-cause-of-action/
    x x x If the allegations of the complaint do not aver the concurrence of the elements of cause of action, the complaint becomes vulnerable to a motion to dismiss on the ground of failure to state a cause of action. Evidently, it is not the lack or absence of a cause of action that is a ground for the dismissal of the complaint but the fact that the complaint states no cause of action.

Cause of action - Wikipedia

    https://en.wikipedia.org/wiki/Cause_of_action
    The defendant to a cause of action must file an "Answer" to the complaint in which the claims can be admitted or denied (including denial on the basis of insufficient information in the complaint to form a response). The answer may also contain counterclaims in which the "Counterclaim Plaintiff" states its own causes of action.

G.R. No. 201248

    https://www.lawphil.net/judjuris/juri2015/mar2015/gr_201248_2015.html
    petitioners’ complaint on the ground of lack of cause of action or failure to state a cause of action. Petitioners argue that the CA gravely erred in considering external factors beyond the allegations in …

Cause Of Action - BATASnatin

    https://batasnatin.com/law-library/remedial-law/civil-procedure/150-cause-of-action.html
    The fundamental test for failure to state a cause of action is whether, admitting the veracity of what appears on the face and within the four corners of the complaint, plaintiff is entitled to the relief prayed for. Stated otherwise, may the court render a valid judgment upon the facts alleged therein?

A METHOD FOR WRITING FACTUAL COMPLAINTS

    http://member.suewrongdoers.com/wp-content/uploads/2014/09/A-METHOD-FOR-WRITING-FACTUAL-COMPLAINTS.pdf
    Under the procedure of factual-pleading jurisdictions a complaint states, without repetition, the facts on which the cause of action relies. Facts are to be alleged with enough specificity to inform the adverse party of the nature of the claims against which it must defend.

ORDER GRANTING MOTION TO DISMISS COMPLAINT

    https://www.flprobatelitigation.com/wp-content/uploads/sites/206/2013/08/https___ecf_flsd_uscourts_gov_cgi-bin_show_temp_pl.pdf
    Plaintiff states no legally cognizable cause of action here because the statute to which he cites does not provide for a civil cause of action. Additionally, the Court declines the invitation to turn the matter over to the U.S. Attorney's Office for prosecution or exercise its discretion in granting "other relief' to Plaintiff. Defendant's Motion to

Commercial Litigation: Causes of Action Checklist

    https://www.hoganlovells.com/~/media/hogan-lovells/pdf/commercial_litigation_causes_of_action_checklist.pdf?la=en
    of each cause of action may vary considerably from state to state. In addition, some states may not recognize certain causes of action, or may refer to them under different names. ABUSE OF PROCESS Abuse of process refers to a litigant’s improper use of properly issued legal process, and requires more than the malicious filing of an unmeritorious complaint (see Malicious Prosecution). To state a claim

Cause of action legal definition of cause of action

    https://legal-dictionary.thefreedictionary.com/cause+of+action
    The cause of action is the heart of the complaint, which is the Pleading that initiates a lawsuit. Without an adequately stated cause of action the plaintiff's case can be dismissed at the outset. It is not sufficient merely to state that certain events occurred that entitle the plaintiff to relief.

Remedial Law Doctrines: FAILURE TO STATE A CAUSE OF ACTION ...

    https://remediallawdoctrines.blogspot.com/2014/03/failure-to-state-cause-of-action-vs.html
    Mar 10, 2014 · 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.

What is an example of " STATE A CAUSE OF ACTION " ? Can a ...

    https://www.avvo.com/legal-answers/what-is-an-example-of---state-a-cause-of-action----1706662.html
    What is an example of " STATE A CAUSE OF ACTION " ? Can a lawyer write an example sentence to show me? I had a case dismissed before for " failed to state a claim or cause of action " , which l...

THE MECHANICS OF FLORIDA CIVIL PROCEDURE

    https://www.barkerrodemsandcook.com/MechanicsofFloridaCivilProcedure1.pdf
    simply stating that a complaint fails to state a cause of action likely will not be sufficient.

DEMURRER TO COMPLAINT

    https://www.quojure.com/samples/archives/contractors2010.pdf
    complaint did not state a cause of action for conversion and directed that defendants’ demurrers to that cause of action be sustained without leave to amend. Id., at 148.

Complaint - Wikipedia

    https://en.wikipedia.org/wiki/Complaint
    In legal terminology, a complaint is any formal legal document that sets out the facts and legal reasons (see: cause of action) that the filing party or parties (the plaintiff(s)) believes are sufficient to support a claim against the party or parties against whom the claim is brought (the defendant(s)) that entitles the plaintiff(s) to a remedy (either money damages or injunctive relief).

Simons v. County of Kern :: :: California Court of Appeal ...

    https://law.justia.com/cases/california/court-of-appeal/2d/234/362.html
    It is plaintiffs' position that the amended complaint did not introduce a new cause of action, but rather, clarified or augmented [234 Cal. App. 2d 365] an imperfectly stated cause of action as set forth in the original complaint.

JAFFER v. CHASE HOME FINANCE LLC FindLaw

    https://caselaw.findlaw.com/fl-district-court-of-appeal/1688973.html
    The Jaffers filed their written response to Chase's renewed motion, arguing several grounds, one of which was that the amended complaint failed to state a cause of action because the copy of the mortgage note attached to the complaint was not indorsed.



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