SUPERIOR COURT OF THE DISTRICT OF COLUMBIA

CIVIL DIVISION

[________________________________],
Plaintiff,

v.

[________________________________],
Defendant.

Civil Action No.: [________________________________]
Judge: [________________________________]
Calendar: [________________________________]

DEFENDANT'S MOTION TO DISMISS

(Pursuant to SCR-Civil Rule 12(b))

INTRODUCTION

Defendant [________________________________] ("Defendant"), by and through undersigned counsel, respectfully moves this Court pursuant to Rule 12(b) of the Superior Court Rules of Civil Procedure (SCR-Civil) for an Order dismissing the Complaint of Plaintiff [________________________________] ("Plaintiff") in its entirety, with prejudice, on the grounds set forth below. This Motion is supported by the Memorandum of Points and Authorities set forth herein.

GROUNDS FOR DISMISSAL

Defendant moves to dismiss this action on the following grounds (check all that apply):

☐ Ground 1 – Lack of Subject Matter Jurisdiction [SCR-Civil Rule 12(b)(1)]
The Court lacks jurisdiction over the subject matter of this action because [________________________________].

☐ Ground 2 – Lack of Personal Jurisdiction [SCR-Civil Rule 12(b)(2)]
The Court lacks jurisdiction over the person of Defendant because Defendant does not have sufficient minimum contacts with the District of Columbia to satisfy constitutional due process. [________________________________].

☐ Ground 3 – Improper Venue [SCR-Civil Rule 12(b)(3)]
Venue is improper in this Court because [________________________________]. Proper venue lies in [________________________________] pursuant to DC Code § [________________________________].

☐ Ground 4 – Insufficiency of Process [SCR-Civil Rule 12(b)(4)]
The process issued in this action is insufficient because [________________________________].

☐ Ground 5 – Insufficiency of Service of Process [SCR-Civil Rule 12(b)(5)]
Service of process upon Defendant was insufficient because [________________________________].

☐ Ground 6 – Failure to State a Claim [SCR-Civil Rule 12(b)(6)]
The Complaint fails to state a claim upon which relief can be granted. Accepting all well-pleaded allegations as true, the Complaint does not contain sufficient factual matter to state a plausible claim for relief.

☐ Ground 7 – Failure to Join Indispensable Party [SCR-Civil Rule 12(b)(7)]
Plaintiff has failed to join [________________________________], an indispensable party required to be joined under SCR-Civil Rule 19 because [________________________________].

☐ Ground 8 – Statute of Limitations
Plaintiff's claims are barred by the applicable statute of limitations under DC Code § [________________________________], which provides a [____]-year limitations period. The cause of action accrued on or about [__/__/____], and this action was not filed until [__/__/____].

☐ Ground 9 – Res Judicata / Claim Preclusion
Plaintiff's claims are barred by res judicata based on a prior final judgment entered in Case No. [________________________________] on [__/__/____].

☐ Ground 10 – Collateral Estoppel / Issue Preclusion
Issues essential to Plaintiff's claims were previously litigated and decided adversely to Plaintiff in Case No. [________________________________].

☐ Ground 11 – Lack of Standing
Plaintiff lacks standing to bring this action because [________________________________].

☐ Ground 12 – Governmental / Sovereign Immunity
Defendant is immune from suit pursuant to DC Code § [________________________________] or applicable federal law because [________________________________].

☐ Ground 13 – DC Anti-SLAPP Act
Plaintiff's claims arise from Defendant's protected speech or activity on a matter of public concern and are subject to dismissal under the DC Anti-SLAPP Act, DC Code § 16-5501 et seq.

☐ Ground 14 – Other
[________________________________].

PROCEDURAL BACKGROUND

1. On or about [__/__/____], Plaintiff filed the Complaint in this action in the Civil Division of the DC Superior Court.

2. Defendant was purportedly served with the Summons and Complaint on [__/__/____].

3. Under SCR-Civil Rule 12(a)(1)(A), a defendant must serve an answer within 20 days after service of the Summons and Complaint, unless the court directs otherwise. This Motion is filed within that period and before Defendant's answer, as required by SCR-Civil Rule 12(b).

4. Defendant's answer is due on or before [__/__/____]. This Motion is timely.

5. [Additional relevant procedural history:]
   [________________________________]

MEMORANDUM OF POINTS AND AUTHORITIES

I. INTRODUCTION

[Provide a brief summary of why dismissal is warranted.]

[________________________________]
[________________________________]

II. LEGAL STANDARD

A. Standard Under SCR-Civil Rule 12(b)(6) — Failure to State a Claim

The DC Superior Court applies a pleading standard that mirrors federal practice under the Federal Rules of Civil Procedure. When ruling on a motion to dismiss for failure to state a claim under SCR-Civil Rule 12(b)(6), the court accepts as true all well-pleaded factual allegations and draws all reasonable inferences in the plaintiff's favor. Potomac Dev. Corp. v. District of Columbia, 28 A.3d 531, 543 (D.C. 2011).

The DC Court of Appeals has adopted the federal Twombly/Iqbal plausibility standard for motions to dismiss under SCR-Civil Rule 12(b)(6). A complaint must contain sufficient factual matter, accepted as true, to "state a claim to relief that is plausible on its face." Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007); Ashcroft v. Iqbal, 556 U.S. 662 (2009). A complaint that offers mere "labels and conclusions" or a "formulaic recitation of the elements of a cause of action" does not suffice. Twombly, 550 U.S. at 555.

A claim has "facial plausibility" when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged. Iqbal, 556 U.S. at 678. The plausibility standard "asks for more than a sheer possibility that a defendant has acted unlawfully." Id.

In evaluating the complaint, the court considers only the factual allegations in the complaint, exhibits attached to the complaint, and matters of public record. The court may not consider matters outside the pleadings without converting the motion to one for summary judgment. SCR-Civil Rule 12(b).

B. Standard Under SCR-Civil Rule 12(b)(1) — Subject Matter Jurisdiction

Subject matter jurisdiction may be challenged at any time and cannot be waived. When the court's subject matter jurisdiction is challenged, the plaintiff bears the burden of establishing the court's authority to hear the case. The court may consider evidence outside the pleadings when resolving a jurisdictional challenge.

The DC Superior Court has jurisdiction over civil matters pursuant to DC Code § 11-921, subject to constitutional and statutory limitations.

C. Standard Under SCR-Civil Rule 12(b)(2) — Personal Jurisdiction

When personal jurisdiction is challenged, the plaintiff bears the burden of making a prima facie showing of jurisdiction. The District of Columbia's long-arm statute, DC Code § 13-423, authorizes personal jurisdiction over non-residents who, among other bases, transact business in the District, cause tortious injury in the District, or have certain other contacts with the District. The exercise of jurisdiction must also satisfy constitutional due process requirements. FC Inv. Group LC v. IFX Markets, Ltd., 529 F.3d 1087, 1094 (D.C. Cir. 2008).

III. ARGUMENT

A. [SUBJECT MATTER JURISDICTION — complete if applicable]

This Court lacks subject matter jurisdiction over this action because [________________________________].

The DC Superior Court has civil jurisdiction under DC Code § 11-921, but that jurisdiction is subject to statutory and constitutional limitations. Specifically, [________________________________].

[Cite applicable limitation and explain why this Court lacks authority.] Because this Court lacks fundamental authority to hear this matter, the Complaint must be dismissed pursuant to SCR-Civil Rule 12(b)(1).

B. [PERSONAL JURISDICTION — complete if applicable]

This Court lacks personal jurisdiction over Defendant because Defendant lacks sufficient minimum contacts with the District of Columbia.

Defendant is [a non-resident individual / a corporation organized under the laws of / an entity with its principal place of business in] [________________________________].

Under DC Code § 13-423 (the DC long-arm statute), a court may exercise personal jurisdiction over a non-resident who:

(a) Transacts any business in the District of Columbia;
(b) Contracts to supply services in the District of Columbia;
(c) Causes tortious injury in the District of Columbia by an act or omission in the District of Columbia;
(d) Causes tortious injury in or outside the District of Columbia by an act or omission outside the District of Columbia if the person regularly does or solicits business, engages in any other persistent course of conduct, or derives substantial revenue from goods used or consumed, or services rendered, in the District of Columbia;
(e) Has an interest in, uses, or possesses real property in the District of Columbia; or
(f) Contracts to insure or act as surety for or on any person, property, or risk, contract, obligation, or agreement located, executed, or to be performed within the District of Columbia.

None of these bases applies to Defendant because:

1. Defendant does not transact business in the District of Columbia.
2. The acts or omissions giving rise to Plaintiff's claims occurred in [________________________________], not in the District of Columbia.
3. Defendant does not own property or maintain a presence in the District of Columbia.

Maintenance of this action in the District of Columbia would violate constitutional due process. International Shoe Co. v. Washington, 326 U.S. 310 (1945). The Complaint must be dismissed pursuant to SCR-Civil Rule 12(b)(2).

C. [IMPROPER VENUE — complete if applicable]

Venue is improper in this Court because [________________________________]. Under DC Code § [________________________________], the proper venue for this type of action is [________________________________] because [________________________________].

The Court should dismiss or transfer this matter pursuant to SCR-Civil Rule 12(b)(3).

D. [INSUFFICIENCY OF PROCESS / SERVICE — complete if applicable]

Service of process upon Defendant was improper under DC Superior Court Rules. The deficiencies are as follows:

☐ The summons was not properly issued or does not contain all required information under SCR-Civil Rule 4(a).

☐ Plaintiff failed to serve the summons and complaint within 60 days after filing as required by SCR-Civil Rule 4(m).

☐ Service was not made on a proper person. Specifically, [________________________________].

☐ Service on a corporation/entity was not made in compliance with SCR-Civil Rule 4(h) because [________________________________].

☐ Other: [________________________________].

Because proper service is a prerequisite to personal jurisdiction over Defendant, the Complaint must be dismissed pursuant to SCR-Civil Rule 12(b)(4) and/or 12(b)(5).

E. [FAILURE TO STATE A CLAIM — complete if applicable]

The Complaint fails to state a plausible claim for relief and must be dismissed pursuant to SCR-Civil Rule 12(b)(6) under the Twombly/Iqbal standard.

Count [____]: [Name of Cause of Action]

To state a claim for [cause of action] under DC law, a plaintiff must plausibly allege: (1) [element]; (2) [element]; (3) [element]; and (4) [element]. [DC case citation], [____] A.[____] [____] (D.C. [____]).

The Complaint is deficient as follows:

1. [Element not adequately pleaded]: The Complaint alleges only "[quote from complaint]." This is a conclusory assertion that merely parrots the legal standard rather than alleging specific facts. Under Iqbal, 556 U.S. at 678, legal conclusions are not entitled to the presumption of truth. The Complaint alleges no facts that plausibly establish [element].

2. [Missing element]: The Complaint does not allege [element], which is an essential element of [cause of action] under DC law. [Citation].

3. [Other deficiency]: [________________________________].

The Complaint does not cross the threshold from conceivable to plausible. Twombly, 550 U.S. at 570. Dismissal is required.

[Repeat for each count.]

F. [DC ANTI-SLAPP ACT — complete if applicable]

Plaintiff's claims arise from Defendant's protected speech or activity on an issue of public concern within the meaning of DC Code § 16-5501(1), and therefore this action is subject to dismissal under the DC Anti-SLAPP Act, DC Code §§ 16-5501–16-5505.

The DC Anti-SLAPP Act provides that a defendant may file a "special motion to dismiss" any civil action that arises from an "act in furtherance of the right of advocacy on issues of public interest." DC Code § 16-5502(a). The motion must be filed within 45 days of service of the complaint.

Defendant's [speech / writing / advocacy / petitioning activity] constitutes an "act in furtherance of the right of advocacy on issues of public interest" because [________________________________].

Upon filing this motion, the burden shifts to Plaintiff to demonstrate that the claims are likely to succeed on the merits. DC Code § 16-5502(b). If Plaintiff cannot make that showing, the Court must dismiss the action and award Defendant its attorneys' fees and costs. DC Code § 16-5504.

G. [STATUTE OF LIMITATIONS — complete if applicable]

Plaintiff's claims are barred by the applicable statute of limitations under DC Code § [________________________________], which provides a [____]-year limitations period for [type of claim].

The cause of action accrued on [__/__/____] when [describe accrual event]. [Cite DC accrual case]. The limitations period expired on [__/__/____]. Plaintiff did not file this action until [__/__/____].

No tolling doctrine applies because [________________________________].

All claims are time-barred and must be dismissed with prejudice.

IV. CONCLUSION

For the foregoing reasons, Defendant [________________________________] respectfully requests that this Court:

1. Grant this Motion to Dismiss in its entirety;

2. Dismiss Plaintiff's Complaint [with / without] prejudice;

3. ☐ Award Defendant its attorneys' fees and costs under the DC Anti-SLAPP Act, DC Code § 16-5504;

4. Award Defendant its costs and such other attorney's fees as permitted by law; and

5. Grant such other and further relief as this Court deems just and proper.

REQUEST FOR ORAL ARGUMENT

☐ Defendant requests oral argument on this Motion pursuant to SCR-Civil Rule 12-I.

☐ Defendant does not request oral argument and submits this matter on the briefs.

Estimated argument time: [____] minutes per side.

PRAYER FOR RELIEF

WHEREFORE, Defendant [________________________________] respectfully requests that this Court grant this Motion to Dismiss, dismiss Plaintiff's Complaint with prejudice, and award Defendant its costs, fees, and all other appropriate relief.

Respectfully submitted,

Dated: [__/__/____]

[________________________________]
[________________________________] (DC Bar No. [________________________________])
[________________________________]
[________________________________]
Washington, D.C. [____]
Telephone: ([____]) [____]-[____]
Facsimile: ([____]) [____]-[____]
Email: [________________________________]
Attorney for Defendant [________________________________]

CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], I served the foregoing DEFENDANT'S MOTION TO DISMISS and Memorandum of Points and Authorities upon the following parties by the method indicated:

[________________________________]
[________________________________]
[________________________________]
[________________________________]

☐ DC Courts E-Filing System — the system will electronically notify all registered users.

☐ U.S. Mail, First Class, postage prepaid.

☐ Hand Delivery.

☐ Electronic Mail (by agreement): [________________________________]

☐ Facsimile: ([____]) [____]-[____]

[________________________________]
[Print Name / Signature]

FILING NOTES AND INSTRUCTIONS

Filing Deadline: Under SCR-Civil Rule 12(b), this Motion must be filed before the answer deadline, which is 20 days after service of the Summons and Complaint under SCR-Civil Rule 12(a)(1)(A). File this Motion before the answer deadline.

DC Anti-SLAPP Deadline: If relying on the DC Anti-SLAPP Act (DC Code § 16-5502), the special motion to dismiss must be filed within 45 days of service of the complaint, unless the court orders otherwise.

Plausibility Standard: The DC Superior Court applies the federal Twombly/Iqbal plausibility standard to SCR-Civil Rule 12(b)(6) motions. Cite both Twombly and Iqbal and applicable DC Court of Appeals cases.

Motions Practice — SCR-Civil Rule 12-I: DC Superior Court has a specific local rule governing motions practice (SCR-Civil Rule 12-I). Key requirements:
- The motion must state the grounds in detail.
- Opposition is due 14 days after service of the motion.
- Reply is due 7 days after service of the opposition (for 12(b)(6) and certain other motions).
- Consent motions should be sought before filing if possible.

Response and Reply Deadlines:
- Opposition: 14 days after service of the motion (SCR-Civil Rule 12-I).
- Reply: 7 calendar days after service of the opposition (for motions to dismiss for failure to state a claim and certain other motions).

E-Filing: DC Superior Court uses an electronic filing system. Visit https://www.dccourts.gov/ for current e-filing requirements and portal access.

Page Limits: Check current SCR-Civil Rule 12-I and any standing orders of the assigned judge for page limits on memoranda of law. There is no single statewide page limit in DC Superior Court applicable to all motions; local rules and standing orders govern.

Tolling Effect: Under SCR-Civil Rule 12(a)(4), service of a Rule 12(b) motion extends the time to answer until 10 days after notice of the court's action on the motion if the motion is denied.

Waiver: Under SCR-Civil Rule 12(h)(1), defenses of personal jurisdiction (12(b)(2)), improper venue (12(b)(3)), insufficiency of process (12(b)(4)), and insufficiency of service (12(b)(5)) are waived if not raised in the first Rule 12 motion or the answer. Subject matter jurisdiction (12(b)(1)) cannot be waived.

Sources and References:
- DC Superior Court Rules: https://www.dccourts.gov/
- DC Code: https://code.dccouncil.gov/
- DC Anti-SLAPP Act: DC Code §§ 16-5501–16-5505
- DC Courts E-Filing: https://www.dccourts.gov/
- SCR-Civil Rule 12-I: https://www.dccourts.gov/node/20834