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Wage & Hour wrongful termination complaint

I want to hear from somebody with experience what is the bes meshuggah03/11/17
I can think of a number of ways to get the defendant out und specv31303/11/17
meshuggah (Mar 11, 2017 - 2:20 am)

I want to hear from somebody with experience what is the best and economic way to go in a wage/our/wrongful termination Complaint.

Answer
Demurrer
Motion to dismiss
Motion to strike

I think an answer is the fastest way to have a case moved forward without the pain of going to Court. After you have filed an answer you do your interrogatories & depos and you are ready to settle.

Any input appreciated.

I have a case where one of the defendants has nothing to do with the causes of action. I want him out of the Complaint. I asked opposing counsel to dismiss that defendant because it is wrongfully named in the Complaint. I still don't have an answer from him.

What Motion to file to get that defendant out of the case?

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specv313 (Mar 11, 2017 - 9:37 am)

I can think of a number of ways to get the defendant out under my state procedural rules. The generic, "law school" way to do it would depend on what's alleged in the complaint. If plaintiff alleged facts regarding this defendant which, if true, make him a proper defendant, then a demurrer won't work. In that case, answer the complaint, specifically deny the defendant's involvement in the facts giving rise to the causes of action, make sure to reiterate the defendat's non-involvement in your jurisdiction's equivalent of "defenses" that are alleged as part of your answer, and then go for summary judgment. Requests for admission would probably be the fastest discovery device to use. Also, in that regard, pay attention to what the plaintiff asserts in his/her responsive pleading to your answer with defenses. If the plaintiff admits to this defendant's non-involvement in response to your alleged defenses, then a motion for judment on the pleadings would also work too.

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