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socrateaser, Lawyer
Category: Legal
Satisfied Customers: 39027
Experience:  Retired (mostly)
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I have been joined as a co-defendant and believe there

Customer Question

I have been joined as a co-defendant and believe there exists a question of Subject Matter jurisdiction. I would like to file a Motion To Dismiss For Lack of Subject Matter Jurisdiction. What CCP sec. may I cite?
JA: Thanks. Can you give me any more details about your issue?
Customer: The primary case is based on Professional Negligence against a lawyer that substituted me out of a lawsuit against Bank of America relating to the terms of the mortgage underlying purchase of a real property. The client was dissatisfied and sued the substituted lawyer. The lawyer then joined me on grounds of Indemnity, Contribution, and Apportionment. There has been no award against the sued Attorney. Further, I cannot fine a California case allowing recovery for Indemnity against a Predecessor attorney. And, no case law appears to exist unless there was joint and several liablility operating.
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Submitted: 1 year ago.
Category: Legal
Expert:  socrateaser replied 1 year ago.


The Cal. Code of Civil Procedure does not have a section describing grounds for a "motion to dismiss for lack of subject matter jurisdiction." The reason for this is that a claim that the court lacks subject matter jurisdiction is brought under the older and more unsual "demurrer" pleading, rather than a motion to dismiss (which is the more common method in most states and in all federal courts).

The Code section is Code Civ. Proc. Section 430.10(a).

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