Motion to Dismiss FRCP12(b) explained by Attorney Steve®

vondranlegal.com/steve-vondran.... [over 695 videos and growing]. Subscribe for new videos: bit.ly/38vXDzk​
Thank you for supporting LEGAL EDUCATION and EQUAL ACCESS TO JUSTICE! Yes, you can SHARE OUR VIDEOS on your social media networks.
WHAT IS A MOTION TO DISMISS A COMPLAINT?
In this episode of #LitigationWarrior Attorney Steve®, the IP lawyer discusses what a motion to dismiss looks like in Federal Court, including discussing the opposition, and reply.
Usually, the federal court judge will issue a tentative ruling, and if the Motion to Dismiss (not to be confused with "Demurrer" in state court) is sustained, the court may grant leave to amend in the interest of justice.
This means Plaintiff would have a chance to amend one or more causes of action or amend the complaint entirely if they can allege facts sufficient to constitute a claim. --------------------------------------------------------------------------------------------------------------------------------
⭕ SUBSCRIBE to EDUCATE YOURSELF on ALL THINGS LAW ⭕
/ attorney. .
--------------------------------------------------------------------------------------------------------------------------------
🔥 Check out my video on WINNING SMALL CLAIMS LAWSUITS here 🔥 www.youtube.com/watch?v=qTUhB...
👨‍🎓 Learn how to register a trademark WITHOUT A LAWYER here 👨‍🎓
www.youtube.com/watch?v=8gSE5...
✔️ Get some tips on MEDIATION SUCCESS here ✔️
www.youtube.com/watch?v=E32Ks...
✈️ Watch my video on ULTIMATE DEPOSITION TIPS here ✈️
www.youtube.com/watch?v=eyT0C...
--------------------------------------------------------------------------------------------------------------------------------
💡 Join us on Social Media 💡
LinkedIn: / stevevond. .
Instagram: / attorneysteve
Facebook: / attorneystev. .
Twitter: / stevevondran
--------------------------------------------------------------------------------------------------------------------------------
🖥️ Contact us for a consultation 🖥️
www.vondranlegal.com/contact-us
☎️ Or call us at ☎️
(877) 276-5084
(time permitting - we cannot respond to ALL calls)
☁️ For advertising, promotional, and endorsement opportunities, visit us at ☁️
www.vondranlegal.com/attorney....
(We can help promote your law or legal related or other products)
--------------------------------------------------------------------------------------------------------------------------------
👉🏻 More Important Info! 👈🏻
🎥 Attorney Steve's Setup 🎥
www.vondranlegal.com/my-setup
🕺🏻 Merchandise 🕺🏻
www.vondranlegal.com/merchandise
🌟 Avvo Client Reviews 🌟
www.avvo.com/attorneys/94104-...
🙌🏻 Support us on Patreon 🙌🏻
/ attorneysteve. .
--------------------------------------------------------------------------------------------------------------------------------
🏢 Main Office 🏢
San Francisco Office: www.vondranlegal.com/san-fran...
Other Locations:
Phoenix - Camelback Office: www.vondranlegal.com/phoenix-...
Phoenix - Uptown Office: www.vondranlegal.com/phoenix-...
San Diego Office: www.vondranlegal.com/san-dieg...
Orange County Office: www.vondranlegal.com/orange-c...
Santa Monica Office: www.vondranlegal.com/beverly-...
Copyright Policy Institute Office:
Washington D.C. www.copyrightpolicy.org/
NOTICE: This website is general legal information only and not legal advice. Please do not rely. Some information may not be accurate. We are licensed in CA and AZ. Check your local rules. Parts of our videos may constitute “fair use” under the copyright laws, if you have an issue, please call us at (877) 276-5084. We are not liable for your use or viewing of our videos. Thanks for watching!
© 2020 Attorney Steve Vondran. All rights reserved.

Пікірлер: 93

  • @mikeshree3848
    @mikeshree3848Ай бұрын

    This is a good teaching for self rep litigants. However, I found out the counsels and the court sometimes make it very hard for self rep litigants so that they can no longer move on.

  • @attorneysteve

    @attorneysteve

    Ай бұрын

    Its a good point. Courts can give some leeway, but again, there is a set of rules that are designed to promote a fair process. Court's cannot just push those aside. Steve

  • @conniep.8381
    @conniep.83814 жыл бұрын

    I did enjoy it and appreciate all of your videos. Thank you Steve. You have been so helpful.

  • @tianogriffin3468
    @tianogriffin34686 жыл бұрын

    thank you very much for this video I sincerely appreciate it, after watching I now have a full understanding on how to write my complaints to avoid having to amend, I also learned that its very important to do my research on which court to file my complaint making sure its in jurisdiction of the defendants place of business, but once again thank you I will continue to watch and support your channel.

  • @sufisadati9316
    @sufisadati93166 ай бұрын

    Professor used your lecture for an assignment! Extremely helpful for a visual learner like myself. Instantly subscribed, thank you!

  • @attorneysteve

    @attorneysteve

    6 ай бұрын

    Glad to hear that. Yes, we visual learners need content like this!! Best, Steve

  • @swaggaceo98
    @swaggaceo983 жыл бұрын

    This was super helpful! I was struggling to understand this rule in class and with the assistance of any supplemental videos. The visuals, the descriptions, the examples were exactly what I need to understand. Definitely subscribing!

  • @shibanayak4402

    @shibanayak4402

    2 жыл бұрын

    Nice video. Very informative

  • @attorneysteve

    @attorneysteve

    Жыл бұрын

    Perfect!!! SV

  • @americawehaverights3926
    @americawehaverights39262 жыл бұрын

    I DONT THINK THATS A MICROPHONE 🎙 BUDDY 😳😂

  • @solokido1
    @solokido14 жыл бұрын

    Thank you Attorney Steve for all the enlightenment. Your videos are really educative.

  • @attorneysteve

    @attorneysteve

    Жыл бұрын

    Glad you like my vids! Thanks for the comment!! Steve

  • @Antinne
    @Antinne Жыл бұрын

    You had me within the first 12 seconds. Love your energy and teaching technique.

  • @attorneysteve

    @attorneysteve

    Жыл бұрын

    Thank you so much!! Steve

  • @Tmansgokarts
    @Tmansgokarts6 жыл бұрын

    great stuff Steve, I like the FRCP videos you do.

  • @chrismorgan6149
    @chrismorgan61495 жыл бұрын

    Thank you for the social justice that you bring!

  • @attorneysteve

    @attorneysteve

    5 жыл бұрын

    You are welcome!!

  • @lisasticca6211
    @lisasticca62112 жыл бұрын

    This is awesome! :) I teach law to undergrads, and this breaks otherwise nebulous concepts down nicely, and ties them up in a nice, neat bow! Very cool!

  • @attorneysteve

    @attorneysteve

    2 жыл бұрын

    Thank you Lisa, coming from a law professor that is a very high compliment. : ) Steve

  • @erikaostergaard-qqc-c2552
    @erikaostergaard-qqc-c25525 жыл бұрын

    you aren't wrong! I can't find any other useful videos like this!

  • @attorneysteve

    @attorneysteve

    5 жыл бұрын

    Thank you! : )

  • @jenniferg6818
    @jenniferg6818 Жыл бұрын

    Yes Attorney Steve this IS the best channel out there. I have become a fierce litigator from your videos. Opposing two attorneys tomorrow. Is it better to provide less facts with more weight or more facts with less weight? I'm gonna raise 28 Aff Defenses tho. Raise or waive. Appreciate you.

  • @attorneysteve

    @attorneysteve

    Жыл бұрын

    LOVE TO HEAR - thanks Jennifer and good luck. Personally, I like to stick to the key facts, but every judge is different with the leeway they give!! Tear it up with confidence!!! SV

  • @mixtape-yd2sn
    @mixtape-yd2snАй бұрын

    Thanks!

  • @willpurdy1735
    @willpurdy17353 жыл бұрын

    Attorney Steve, thanks for the lesson. Getting ready for 1L Fall finals and this was very helpful. Appreciate your content and fun demeanor. wp

  • @attorneysteve

    @attorneysteve

    Жыл бұрын

    You are very welcome. I enjoy making law as fun as possible!! Steve

  • @elliematt4718
    @elliematt47186 жыл бұрын

    I appreciate you Steve 👍👍 thumbs up Everytime!

  • @attorneysteve

    @attorneysteve

    6 жыл бұрын

    Thank you Ellie!! : )

  • @friscoone
    @friscoone2 жыл бұрын

    Forum non conveniens!? Really enjoyed this video- thank you! Checking for a Request for Judicial Notice video :)

  • @JurassicRex-18
    @JurassicRex-183 жыл бұрын

    Thank you again Steve! 👍🏼😊

  • @attorneysteve

    @attorneysteve

    3 жыл бұрын

    My pleasure!! Steve

  • @anthonywurst2548
    @anthonywurst25483 жыл бұрын

    Thank you.

  • @attorneysteve

    @attorneysteve

    3 жыл бұрын

    You bet!! Steve

  • @allisonresendiz5317
    @allisonresendiz53172 жыл бұрын

    Very nice

  • @elusnake
    @elusnake4 жыл бұрын

    I have been studying this for the last two weeks for the Legal Translation course of study and it was not until I watched your video that I realized that a 12 (b) Motion to Dismiss is actually filed with a FEDERAL Court only and a DEMURRER is filed with a STATE Court! Thanks for clarifying this!! So, all Federal Rules of Civil Procedure apply only to the Federal Court System and not the State Courts? And if so, are there any rules that apply to State Courts only?

  • @djewave1316
    @djewave13163 жыл бұрын

    Awesome

  • @user-mr7uj9mu8j
    @user-mr7uj9mu8j Жыл бұрын

    I wish you can show us how to beat it..

  • @ericaandrade896
    @ericaandrade8966 жыл бұрын

    Steve Esq!!!! Your back!!! #litigationwarrior #litigationwhiteboard

  • @attorneysteve

    @attorneysteve

    6 жыл бұрын

    LOL, I love it!!! : )

  • @eliazruis4761
    @eliazruis4761 Жыл бұрын

    I like it, smashed the like button.

  • @attorneysteve

    @attorneysteve

    Жыл бұрын

    YESSSS

  • @bryalee2782
    @bryalee27823 жыл бұрын

    if they want a settlement how much do i give them of what i have to win in trial? all of it or keep the best for last????

  • @Myjhen
    @Myjhen4 жыл бұрын

    How many days it usually takes before the motion is being processed? What is turn around time?

  • @homesteadingbarndo
    @homesteadingbarndo Жыл бұрын

    so if you get a demurrer with leave to amend is there a time frame the plaintiffs have to respond?

  • @bryalee2782
    @bryalee27823 жыл бұрын

    esq Steve, how long do they have to file a dismiss does it have to be in the 20 day also? can they spring it on you after the motion to entry default?

  • @gr5923
    @gr5923 Жыл бұрын

    I understand that there is no any deadlines about the Judge's decision over the MTD however, my question is, based on your experience, if the Judge haven't ruled on MTD for six month in FTCA claim is it usual or rather unusial situation?

  • @crzy907ck
    @crzy907ck2 жыл бұрын

    In tentative ruling, can u ask for leave amended opposition, and ask for new triail?

  • @ItslarissaL
    @ItslarissaL Жыл бұрын

    My spouse's attorney issued a demand for documents from me, but my spouse's name was one the envelope. So I gave it to her and the envelope sat for four or five days. I responded within the the 35 day requirement from the time I received the request, however, not on time from the day my spouse's attorney claim's I received it. The attorney is now claiming I owe him $5,000 in legal fees for failure to respond. What term do I need to use in filing papers and court to deny the attorney's claims. As I see it the attorney caused the issues by using the wrong name and also his motion to compel is full of factual errors about dates and claims that I have not turned over any paperwork at all. Thank you in advance for your help.

  • @Triny1980
    @Triny1980 Жыл бұрын

    CAN YOU MAKE A VIDEO ON HOW TO ARGUE MOTIONS??

  • @truthtube1673
    @truthtube16733 жыл бұрын

    Would you mind assessing HCMCs case again Philip Morris?

  • @devenwithtwoes5856
    @devenwithtwoes58562 жыл бұрын

    DVRO California … I don’t know yet 🤷

  • @jhfjhfkf
    @jhfjhfkf3 жыл бұрын

    Yo are awesome, thank you!!

  • @attorneysteve

    @attorneysteve

    3 жыл бұрын

    You're welcome!

  • @TrueCrimePsychic
    @TrueCrimePsychic2 жыл бұрын

    What do you feel about a demand to dismiss? Is that better? I heard someone speak of that on KZread but it was not an attorney

  • @francesfries7
    @francesfries74 жыл бұрын

    I have a question I ask the judge for extension for the trial and he approved and set the date but the plaintiff opssed and want to have proof for my trip and deposit the money she is suing for ....can she do this .. do I have to provide her with all she asked or just the court ? Please advice

  • @eduardog8056
    @eduardog80563 жыл бұрын

    Hi there, quick question I am the plaintiff. I file a small claim law suit against a insurance co. They file a motion to dismiss with prejudice, because Nevada doesn't recognize third party bad faith claims, because Insurance client perform awful repairs to my car without my authorization. Now I have to write a opposition letter. This is we're I'm stuck. How can I write this letter in the most simple way in order for the court to continue with my case. I would appreciate your help

  • @HairTalk101
    @HairTalk1012 жыл бұрын

    Can you submit a letter to the judge if the attorney for the estate administrator won’t do the motion to dismiss

  • @jeffokriya3389
    @jeffokriya33895 жыл бұрын

    I was denied a motion to dismiss in State Court . . Question . . Should the judge give an explanation as to why it was denied? He just responded (by mail) saying it was denied but gave me no reason ! Also, the logical next question is how to deal with such an answer? Should I file another motion asking for a reason of his denial? Or what is recommended? Thanks in advance for your response.

  • @HapHapHappyHomes

    @HapHapHappyHomes

    5 жыл бұрын

    Jeff Okriya I would appreciate to know the answer to these questions please. What did you end up doing? Thank you.

  • @hardbodytraining100

    @hardbodytraining100

    4 жыл бұрын

    @@HapHapHappyHomes you file a motion to show cause...

  • @HapHapHappyHomes
    @HapHapHappyHomes5 жыл бұрын

    top vid

  • @dennisfrancisblewett6480
    @dennisfrancisblewett64802 жыл бұрын

    @ ~6:25, you mean at 12(b)(7) rule violation, right? Question: So, for 12(b)(6), if the United States Department of Education [1] sued me in a Federal court (claiming I owe student monies despite six years passing and no fraud relative to the Contracts Dispute Act) and [2] I filed a 12(b)(6) response, then it would be it be obvious, by the time the motion is to be heard, that the Contracts Dispute Act applies and the United States Department of Education's lawsuit need be thrown out? I have a hard time figuring out how an adjudicator would put it together from just the simple wording of a motion of what chain of premises help substantiate the initial premises of a claim (or assertion) of a motion to dismiss. Thank you for reading.

  • @jeffmclowry
    @jeffmclowry3 жыл бұрын

    Cool video! Question. What does it mean to be a licensed attorney? You’re a member of the BAR in each state? Or you actually apply for a license to practice law? I ask because no one seems to know the answer. Thanks in advance.

  • @attorneysteve

    @attorneysteve

    3 жыл бұрын

    When you pass the bar (at an ABA approved law school - which is most people), you are eligible to sit for the bar exam in any of the states. When you pass the bar, (for example, in California), you become a member of the bar in that state. You can go on to add another state (as I did, and passed the bar in Arizona as well), but no, you do not automatically get all 50 states admissions. Hope that helps. Steve

  • @VoxUrbana
    @VoxUrbana5 жыл бұрын

    @ 2:46 to make law more digestible! Lol. Legalese 101

  • @attorneysteve

    @attorneysteve

    5 жыл бұрын

    Vondeezy, Law Made Easy!! : )

  • @debrabuckley8578

    @debrabuckley8578

    4 жыл бұрын

    @@attorneysteve Im a Paralegal Student who has been somewhat confused, but Your Videos are Knocking out my Doubt. Thanks so much.

  • @WarrenPuffit
    @WarrenPuffit5 жыл бұрын

    Wish you could point me in the right direction on a case.. Filed 10-9-2018 Federal Court date: 1-9-2019 Case# 2: 18-cv-2720 Parties have passed the 21 day federal order. Default and default applications would be next..

  • @Creature1965
    @Creature19656 жыл бұрын

    Steve I would love to have one of your videos using your whiteboard talking about slander and defamation. Educating the public about being careful what they post as far as negative reviews on any site fake shoes. I would put that video on the homepage of our website when we launch it. Touch base with me anytime

  • @attorneysteve

    @attorneysteve

    6 жыл бұрын

    I think Slander and Defamation would be a really good topic. I will put that on my list!! Thanks for the idea!!

  • @Creature1965

    @Creature1965

    6 жыл бұрын

    I would like to talk to you when you get a chance to Chat with you about this website that I’m going to launch it’s going to get a lot of recognition on the Internet and I would love to see this video talking about defamation and slander and how a consumer could be easily a target for these type of cases depending on what they post on reviews sides of their choice

  • @Creature1965

    @Creature1965

    6 жыл бұрын

    Steve Vondran I’ve seen so many negative reviews on the Internet I’m surprised businesses are not taking people to court because of slander or defamation statements on the Internet

  • @attorneysteve

    @attorneysteve

    6 жыл бұрын

    I'll talk about that in my video. There are reasons.

  • @ericaandrade896

    @ericaandrade896

    6 жыл бұрын

    I won a defamation case pro se however couldn't have done without Steve Esq! Nick Abramson

  • @TheAlreadytaken24
    @TheAlreadytaken24 Жыл бұрын

    I have a question..

  • @anthonycarroll6863
    @anthonycarroll68634 жыл бұрын

    Can this work for child support? Motion to dismiss due to lack of personal jurisdiction...?

  • @joelvergara2135
    @joelvergara21353 жыл бұрын

    how about the accused was not given right to depend himself and violated his constitutional rights

  • @franksantore2810
    @franksantore28103 жыл бұрын

    Hate these freaking bastards. (Bastards= Rule 12 motions!) Another way for defense attorneys to bill their insurance/corporate/government clients. Battling a 1983 action WHERE ALL 21 DEFENDANTS HAVE FILED A RULE 12 MOTION!!!!!!! I compare these to the kid in grammar school who always picks on you. When you go to waylay him, he puts on his glasses and says, "Nyah, nyah, you can't hit me, I have glasses." Rule 12 motions are the glasses the irritating kid wears so you can't teach him a lesson. By the way, I have NEVER had opposing counsel in a "meet and confer" conference ever tell me anything except that I should dismiss my complaint. What crap!

  • @kvngnick3272
    @kvngnick32723 жыл бұрын

    I was sitting in my vehicle outside my home listening to music. My car has 5% tints all around. Police drove past and circled back to my car. Made me get out and searched my car because they “smelled weed” driving past. Upon search of the car they found 5 grams of cannabis and a pistol. In the police report it said patrolling officers observed smoke coming from my sunroof and windows which is completely false do to me not smoking at all. Is this something I can get suppressed

  • @attorneysteve

    @attorneysteve

    3 жыл бұрын

    You need to find a criminal defense lawyer in your hometown. Good luck. SV

  • @demoldies2132

    @demoldies2132

    3 жыл бұрын

    I can sit in my car my property and smoke if i chose to..

  • @demoldies2132

    @demoldies2132

    3 жыл бұрын

    I would say they had no probable cause to search or seize. And it illegal therfore they are not allowed to use that evidence against you. I am no attorney but after reading and having a lawsuit against the sheriff department they have no reason to pull you over if you car was stopp and parked keys out of the ignition then you have to read that on the report listen to the words they use.. just becuase they observed smoke from my window coming out it doesnt give them reason to believe a crime was being committed. What if you were were smoking a cigarette and you had nothing in the car it illegal search and seizure due to the fact that does not prove you were comitting crime and SUSPICION is not a crime..

  • @demoldies2132

    @demoldies2132

    3 жыл бұрын

    It a violation and if the you win your case take them to court.. for unlawful search and seziure . Violation of your rights.. ..

  • @tpayne115
    @tpayne115 Жыл бұрын

    when i become super rich, im gonna make you super rich!

  • @allisonresendiz5317
    @allisonresendiz53172 жыл бұрын

    Loll

  • @joannthomases9304
    @joannthomases93043 жыл бұрын

    Where is for-given in all of this ? I though it was paid by Jesus. What about this in court ? How does one explain this? Is sin si (g)nature ? Now how do we re-pen t? Does it have to do with one leaning on the other ? No one explains anything in these foreign languages. It's a lot of mis-construing of languages. One cannot be tried in a foreign language, so this all seems out of alignment to the average jo.