If it is a particular topic, the case may need to be heard by a specialist court like family court or probate court.

Lack of subject matter jurisdiction – This simply means that the court does not have jurisdiction over the case.

This motion to dismiss rarely results in a dismissal the courts generally just tell the plaintiff to name all responsible parties in the lawsuit. A lawsuit should include all of the parties involved.

Failure to join a necessary party – If the plaintiff sues only some of the people involved or does not sue the right people, then the defendant can file a motion to dismiss.

This is because the lawsuit can only seek damages for a defendant that failed in their duty to the plaintiff.

Failure to state a claim upon which relief may be granted – If the claim is based upon perceived negligence but is not based upon a legal duty the defendant owed the plaintiff, then there, the defendant can file a motion to dismiss.

Your lawyer can use that information to decide if it is worth filing a motion to dismiss. Talk to your lawyer about the way you were served and if there was anything odd about it. Insufficient service of process – You can file a motion to dismiss if you were not properly served with the complaint or summons or if there is a technical defect in the summons.You can file a motion to dismiss alleging the following things:

Motion to dismiss california