Pursuant to Rule 46 Section 2 (a) of the US constitution, the defendant hereby moves the Court to dismiss the Plaintiff complaint with prejudice ( Cornell Law School 1992) . The bases for this motion are outlined in the accompanying memorandum.
Facts
The Court to dismiss Richard Rage complaint about lack of subject jurisdiction. On count one, the plaintiff complains that the defendant could have parked in another spot. The law allows the defendant to park his car in any designated parking space as desired. Also, the claim that the defendant risky and dangerous action caused obstruction is baseless. The plaintiff has not produced any sufficient evidence to substantiate his claim. On count two, the claim that the plaintiff vehicle was big; he had no other place to park rather than the space taken by the defendant is baseless. Every parking lot has a designated area for small vehicles and big vehicles ( Diallo et al. 2015) . The plaintiff here was in the wrong parking space. On count three, the claim that the plaintiff was unable to enjoy the football game and had spent $300 on tickets is baseless. If the plaintiff really wanted to watch the game, he could have moved to another parking space on time and watch the game. The other claim that the plaintiff suffered economic loss and severe emotional distress should be dismissed because his action caused that not the defendant. The plaintiff should have moved his vehicle to another unoccupied parking space.
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Argument
The plaintiff claim must be dismissed because his legal claims are without merit. The defendant is not any way connected to all three accounts mentioned by the plaintiff. As you go through the report, it is easy to know that the plaintiff actions caused all that and not the defendant. The defendant found an unoccupied parking space and parked his car there. The procedural laws and statutes are typically in this section, helping to support why the plaintiff has no claim. Other arguments can make such lack of standing, lack of jurisdiction and other specific arguments.
Conclusion
For the reasons stated above, the defendant’s motion to dismiss should be granted.
Dated:
Attorney
References
Cornell Law School (1992). Rule 46 Dismissing Cases. Legal Information Institute, 1-2 https://www.law.cornell.edu/rules/supct/rule_46
Diallo, A., Bourdeau, J. S., Morency, C., & Saunier, N. (2015). Methodology of parking analysis. Canadian Journal of Civil Engineering , 42 (4), 281-285.
