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motion to dismiss (federal) (door 1 (file motion through rule 12(b) (AT…
motion to dismiss (federal)
door 1
file motion through rule 12(b)
AT THE OUTSET
reasons of lack of smj, pj, venue, insufficient
SOP, failure to state claim
door 2
file an answer (affirmative defense)
raise all defenses so you don't waive the right to use them later
same options as door 1
VENUE
Defendant's options in response to a complaint
(state)
LACK OF SMJ
diversity, option to remove via 28 USC 1441
or because of exclusive jdx and make a motion to quash via CCP 418.10
LACK OF PJ
w/ a motion to quash CCP 418.10
consent by agreeing
waive by answering
collateral attack
INSUFFICIENT SOP
motion to quash CCP 418.10
answer
collateral
Notice and acknowledgment CCP 415.30
settle
DEMURRER
CCP 430.10
Improper venue CCP 396(b)
inconvenient CCP 418.20- motion to stay or dismiss
transfer CCP 397- CCP 399 attorney's fees