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Attorney

1 123 Main Street


Anytown, US 12345
2

4 DISTRICT COURT OF ___________________

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) Case No.: 123456-123
6 Joe Smith, )
)
7 Plaintiff, )
) MOTION TO DISMISS
8 vs. )
)
9 ABC Plumbing, Inc, )
)
10 Defendant )

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12 Pursuant to ________ Rules, Defendant hereby moves the Court to dismiss

13 Plaintiff’s Complaint with prejudice. The bases for this Motion are set forth in the

14 accompanying Memorandum. Language will vary, but typically states something similar –

15 a Memorandum is always accompanied giving the grounds for why you feel it should be

16 dismissed.

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Dated this 1st day of January, 2010
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20 Attorney
Address
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Motion to Dismiss - 1

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1 Attorney
123 Main Street
2 Anytown, US 12345

4
DISTRICT COURT OF ___________________
5

6 ) Case No.: 123456-123


Joe Smith, )
7 )
Plaintiff, )
8 ) MEMORANDUM IN SUPPORT
vs. ) OF MOTION TO DISMISS
9 )
ABC Plumbing, Inc, )
10 )
Defendant )
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FACTS
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Plaintiff Joe Smith contracted with Defendant ABC Plumbing Inc to do basic
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plumbing repair at his residence at 100 Main Street on July 1, 2009. A written
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contract stating the terms of the agreement was agreed to and signed by both parties
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on the same day. On July 5, 2009, Defendant arrived at the Defendant’s residence and
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performed all necessary work on the Plaintiff’s bathroom and kitchen. On August 5,
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2009, Plaintiff alleged that he was taken to County hospital to be treated for 3rd
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degree burns sustained from a fire in his bathroom. On September 1, 2009, Plaintiff
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filed a complaint stating he sustained the injuries from a faulty repair job performed
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by Defendant. This section will continue until all facts are stated.
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ARGUMENT
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I. Plaintiff’s Complaint Fails To State a Claim Upon which Relief May Be Granted
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Plaintiff’s claim must be dismissed because his legal claims are without merit.
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The injuries the Plaintiff sustained were a result of faulty wiring performed by
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himself or another company, and the plumbing work performed by the Defendant is in no
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Motion to Dismiss - 2

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1 way connected to the injuries. Procedural laws and statutes are typically stated in

2 this section helping to support why the Plaintiff has no claim. Other arguments can be

3 made such as lack of standing, lack of jurisdiction and other specific arguments

4 tailored to the case.

5 CONCLUSION

6 For the reason stated above, Defendant’s Motion to Dismiss should be granted.

7 Dated this 1st day of January, 2010

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Attorney
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Motion to Dismiss - 3

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