Hello again. I apologize for the delay. I've been away from the computer most of the day. Thanks for the succinct submission of your questions and the organization so they can be answered individually. It helps. Please keep in mind that without an actual fact situation to juxtapose the question to these answers are very general. Also, I won't go into extreme detail on these questions because I don't know what you already know and do not wish to waste time reinventing the wheel.
Is there a letter or form that you can send someone if you will be suing them but you are not ready to sue them right now.
Lawsuits may be filed with or without prior demand letters being sent. There is no rule on that unless a statute requires prior notice such as in cases of foreclosure and some debt collection actions. There is no standard form. You must draft the letter to fit your particular facts.
When you are told " The complaint fails to state a claim upon which relief can be granted?" What are they asking for. I have asked for monetary compensation in the original complaint.
They are saying that your complaint for damages has not stated sufficient facts that give you a legal right to require the person who you sued to compensate you for such damages. Rule 2-322 Maryland Rules of Civil Procedure
What is meant by "This action is barred by the doctrine of waiver?"
Certain defenses to law suits can be waived if they are not pleaded. See MD Rules of Procedure A Waiver generally doesn't bar the action, but it might provide a defense Claims to damages can be waived by certain actions by the claimant, but those would usually be raised in an Answer to the Complaint and must be proved.. For instance, the contract says rent is due on the first, but it has been paid consistently on the 10th and accepted by the Landlord. Landlord may have waived a prompt payment provision in the lease. RULES 2-322,323,324
What is meant by "This action is barred by laches"
Laches simply means that at one time you may have had a legal claim or right but you did not pursue when you could have and so much time has passed and situations have changed so that it would be unfair to permit you to pursue it now. It is an equitable doctrine and is very fact specific.
Is there any way to have the government NOT have governmental immunity? ( defendant possesses governmental immunity, public official immunity and/or qualified immunity)
Unless the government give up SI by statute, it is an absolute defense against suits arising from the performance of governmental functions.
Can a tenant sue a landlord for breech of lease? (Breach of lease actions are solely the remedy of a landlord not a tenant.
Leases are contracts that bind both parties and either one can sue the other for a breach.
I hope this information is helpful and that you will enter a positive rating. I thank you for submitting your question to Pearl-Just Answer. We appreciate your business. If you need clarification or additional information, please send me a Reply and I will be happy to explain further. Please consult a local attorney to verify the accuracy of this information according to your state's laws.