How can I get a civil case dismissed if it is scheduled for trial in 2 months but I have found new evidence proving the plaintiff has no legal rights to sue?

I understand that I can’t just file a motion to dismiss. Is that true? I am also filing criminal charges of fraud to the DA.

Asked on August 31, 2013 under Business Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You could file a motion for summary judgment, incorporating the evidence you have discovered. (A motion to dismiss does not rely on extrinsic evidence, but only on what is in the pleadings themselves; a motion for summary judgment can incorporate evidence.)

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