Legal Question in Business Law in California
my motion to strike alter ego theory was granted with leave to amend. Plaintiff has just filed amended complaint but did not allege any alter ego theory, however, still has defendant in lawsuit and no facts in support of defendant being in lawsuit. Do I now file motion to dismiss defendant? California law suit
Asked on 10/23/15, 12:34 pm
2 Answers from Attorneys
Bryan Whipple
Bryan R. R. Whipple, Attorney at Law
Without actually reading the amended complaint, I certainly cannot predict that a motion to dismiss would be successful. The pleadings may look deficient to you but the judge might find them adequate. Maybe worth a try, but I can't predict how your judge will rule.
Answered on 10/23/15, 1:01 pm
The proper procedure would be to file a demurrer for failure to state a cause of action against that defendant.
Answered on 10/23/15, 3:36 pm
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