How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask TexLaw Your Own Question
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
Type Your Legal Question Here...
TexLaw is online now
A new question is answered every 9 seconds

I need to file a Motion to dismiss cross-complaint with prejudice

This answer was rated:

I need to file a Motion to dismiss cross-complaint with prejudice

Based on the fact that crooss-complain was ghostwritten by an attorney that had already falsely accused me and reported me to the district attorney for criminal activity he was never able to prove.

He has been intimidating my biz for quite sometime without know the facts.

Cross-complaint has two counts violations of employee rights and defamation. Cross-complainant or defendant on original complaint was a independent contractor she would not be able to prove such violations. Defamation is based on a formal complaint to the Oakland dioceses for defamation on her part that caused me biz losses.

what do I do this dismissal pursuant to what? what codes do I use to substantiate my motion
I answered on your other question. After reading this, I see where you are going with your earlier question.

So from what I'm understanding, you have sued the lady and now she has filed a cross complaint against you and has an attorney who wrote the cross-complaint for her?

It is not illegal for an attorney to ghostwrite a pleading for a pro se litigant. What you are really asserting is that there is no evidence. So you need to file No Evidence Motion for Summary Judgment.
TexLaw and 10 other Legal Specialists are ready to help you
Customer: replied 5 years ago.
No Evidence Motion for Summary Judgment.

Whitch it is the case she rushhed filed the cross-complaint. her acusations are frevolas and have no foundation.

so is the no evidense motion to dissmiss cross-complaint?
Right, but you must file an Answer first.

Then file the No Evidence Motion for Summary Judgment. Basically, you will have to go through and find the legal definition for each thing she is suing you for, list the elements, then say that she has no evidence to support one of the elements of each of her claims. Then you need to file it and call the court to get a hearing set.

After that, she has to come to court to explain why her claims should not be dismissed.
TexLaw and 10 other Legal Specialists are ready to help you

Related Legal Questions