My question involves court procedures for the state of: CA
When should a defendant's counsel cite a preceding case decision of dismissal of a very similar complaint to the instant matter in which he/she is defending?
If a case involving similar facts and a similar complaint has recently been decided and dismissed by a superior court in the same venue of the instant matter, when would defense counsel cite that authority in his client's favor? Would this authority need to be cited in a motion to dismiss, or in California, Demurrer for failure to state a claim, or would the complexity of the authority in the preceding case and dismissal of that similar complaint need to be explained in a motion for summary judgement dealing with the instant matter in which he is defending?
When should a defendant's counsel cite a preceding case decision of dismissal of a very similar complaint to the instant matter in which he/she is defending?
If a case involving similar facts and a similar complaint has recently been decided and dismissed by a superior court in the same venue of the instant matter, when would defense counsel cite that authority in his client's favor? Would this authority need to be cited in a motion to dismiss, or in California, Demurrer for failure to state a claim, or would the complexity of the authority in the preceding case and dismissal of that similar complaint need to be explained in a motion for summary judgement dealing with the instant matter in which he is defending?
Dismissal: When to Cite Authorities Pertaining to the Merits of an Instant Matter
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