Judge: Lee W. Tsao, Case: 24NWCV00420, Date: 2024-06-13 Tentative Ruling

Case Number: 24NWCV00420    Hearing Date: June 13, 2024    Dept: C

BREWER v. WEEMS

CASE NO.: 24NWCV00420

HEARING:  06/13/24

#4

Defendant JULIA WEEMS’ Motion to Dismiss is DENIED without prejudice.

Moving Party to give notice.

Defendant JULIA WEEMS (in pro per) (“Defendant”) moves to dismiss Plaintiff’s Complaint for lack of merit and abuse of process.

No Opposition has been filed as of June 10, 2034.  

The motion is DENIED.  The Court cannot render a decision because Defendant has not provided the legal authority for her motion.  CCP §581 explains when and how dismissals may be sought.

The denial of Defendant’s Motion is without prejudice to Defendant from re-asserting these same arguments via a different procedural vehicle—e.g. Demurrer, Motion for Judgment on the Pleadings, or Motion for Summary Judgment. Similarly, Defendant is not barred from seeking an order to declare the Plaintiff a vexatious litigant under CCP §391, et seq.