Hello, my Motion to Dismiss for Lack of Standing and Failure to State Claim was denied yesterday. I was prepared to defend my motion and rebuttal the other side's response to my motion. However, the Judge didn't even let me speak and said nodded her head no and said I've already made up my mind and said she denied the Motion. She then asked me if I wanted to go to trial but I had told her that I was going to answer the Discovery given to me by the other side.
3 replies
roy · March 16, 2026
Hi in your order that the judge delivered and rejected your motion to dismiss.
No arguments were given as to why ? Correct ?
Also did you file motion to dismiss + any alternative relief ?
What did the other party file as rebuttal to your motion to dismiss ?
Also what is the ground for their discovery request ? Did you file counter claim ?
brian · March 17, 2026
What will the Order say as to the Motion to Dismiss Denial and did you ask for a Motion for More Definite Statement to force them to produce documents and put the Burden of Proof on them? Thank you.
roy · March 17, 2026
I had originally filed for a motion to dismiss + Alternative relief for a more definitive statement under my state laws but the judge first provided a court date and then after a week issued an order denying motion to dismiss and mischaracterized my alternate relief motion for more definitive statement as a request for more time and did not even address it.
I a have 2 options now either file a motion to reconsider to force judge to properly read my motion ( but risk annoying him)
Or start filing discovery requests) + file my affidavit + counter affidavit.
I don't know which way to go but these state court judges are not very knowledgeable on the topic and their clerks keep asking to hire a lawyer without much depth reading. Any suggestions.
Also when I make counter claims I want to be preemptive of discovery requests from other side.
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