State Court Motion to Dismiss

DEFENDANT'S MOTION TO DISMISS

(State of Louisiana — District Court)

TABLE OF CONTENTS

1. Caption
2. Notice of Motion, Request for Hearing, and Briefing Schedule
3. Motion to Dismiss / Peremptory Exception

4. Memorandum in Support
   4.1 Introduction
   4.2 Procedural Background
   4.3 Standard of Review
   4.4 Argument

5. Reservation of Rights

6. Conclusion
7. Attorney Signature Block
8. Certificate of Service
9. Exhibit A — Proposed Order

1. CAPTION

STATE OF LOUISIANA
PARISH OF [________________]
[________________] JUDICIAL DISTRICT COURT

[PLAINTIFF NAME], Plaintiff,

versus

[DEFENDANT NAME], Defendant.

DOCKET NO.: [________________] | DIVISION: [________________]

Hearing Date: [________________]
Hearing Time: [________________]
Courtroom: [________________]
Judge: Hon. [________________]

2. NOTICE OF MOTION, REQUEST FOR HEARING, AND BRIEFING SCHEDULE

TO: ALL PARTIES AND THEIR ATTORNEYS OF RECORD

PLEASE TAKE NOTICE that Defendant, [Defendant Name], through undersigned counsel, files the attached Motion to Dismiss / Peremptory Exception (the "Motion"). Pursuant to Louisiana Code of Civil Procedure art. 963 and Uniform District Court Rule 9.9:

1. Defendant respectfully requests that a hearing be set on: [Hearing Date] at [Hearing Time], or on the next date convenient to the Court.
2. Movant requests oral argument in accordance with Uniform Rule 9.1.
3. Defendant's supporting memorandum accompanies this Motion.
4. Any opposition memorandum shall be filed no later than eight (8) calendar days before the hearing, and any reply shall be filed no later than five (5) calendar days before the hearing, unless the Court orders otherwise.

DATED: [________________]

Respectfully submitted,

[FIRM NAME]

By: ______________________________
[ATTORNEY NAME] (La. Bar No. [________________])
[FIRM ADDRESS]
[CITY, STATE ZIP]
[TELEPHONE] | [EMAIL]
Attorneys for Defendant [Defendant Name]

3. MOTION TO DISMISS / PEREMPTORY EXCEPTION

NOW INTO COURT, through undersigned counsel, comes Defendant, [Defendant Name] ("Defendant"), who, pursuant to Louisiana Code of Civil Procedure art. [927(A)(5) / 925 / 926 / 971], respectfully moves this Honorable Court to dismiss the Petition for Damages (the "Petition") filed by [Plaintiff Name] ("Plaintiff") on the following grounds:

1. No Cause of Action (art. 927(A)(5)) — The Petition does not allege facts that, if taken as true, establish any cognizable cause of action under Louisiana law.
2. [Additional Grounds — e.g., No Right of Action (art. 927(A)(6)), Prescription (art. 927(A)(1)), Res Judicata (art. 927(A)(2))]

WHEREFORE, Defendant prays that, after due proceedings, the Court grant this Motion, dismiss Plaintiff's Petition with prejudice, and award Defendant all further relief to which it is legally entitled.

______________________________
[ATTORNEY NAME] (La. Bar No. [________________])
Counsel for Defendant [Defendant Name]

4. MEMORANDUM IN SUPPORT OF DEFENDANT'S MOTION TO DISMISS

4.1 Introduction

Plaintiff's Petition contains only conclusory allegations that, even if accepted as true, do not establish the essential elements of any recognized Louisiana cause of action. For the reasons set forth below, dismissal is required.

4.2 Procedural Background

1. Plaintiff filed the Petition on [Date].
2. Defendant was served on [Date] and now timely files this Motion.
3. No responsive pleadings have been filed, and no scheduling order is in effect.

4.3 Standard of Review

Peremptory Exception of No Cause of Action (art. 927(A)(5))
Under La. Code Civ. Proc. art. 927(A)(5), the peremptory exception of no cause of action tests the legal sufficiency of the pleading. All well-pleaded facts are accepted as true; legal conclusions are not. The Petition must state a claim on which relief can be granted on any theory of law. If it cannot, dismissal with prejudice is proper. No evidence may be admitted on the exception of no cause of action. See La. Code Civ. Proc. art. 931.

Peremptory Exception of Prescription (art. 927(A)(1))
The exceptor bears the burden of proving that prescription has run, unless the petition shows on its face that the claim has prescribed. See La. Code Civ. Proc. art. 927(A)(1). Evidence may be admitted on the exception of prescription. See La. Code Civ. Proc. art. 931.

Declinatory Exceptions (art. 925)
The declinatory exception is used to decline the jurisdiction of the court. Grounds include insufficiency of citation, insufficiency of service of process, lis pendens, improper venue, lack of jurisdiction over the person, and lack of subject-matter jurisdiction. See La. Code Civ. Proc. art. 925.

4.4 Argument

A. The Petition Fails to State a Cognizable Cause of Action (art. 927(A)(5))

a. Essential Elements Omitted.

• Element 1 — [________________].
• Element 2 — [________________].

b. Conclusions Without Facts.
The Petition offers mere labels and legal conclusions — precisely what art. 927 prohibits.

c. No Curative Amendment Possible.
Given the nature of the deficiencies, amendment would be futile; dismissal with prejudice is warranted.

B. [Additional Argument — if applicable]

5. RESERVATION OF RIGHTS

Defendant reserves all rights, defenses, objections, and exceptions not expressly waived herein, including the right to file additional exceptions or motions under La. Code Civ. Proc. art. 928(B).

6. CONCLUSION

WHEREFORE, Defendant respectfully requests that the Court:

1. Sustain this Motion;
2. Dismiss Plaintiff's Petition with prejudice at Plaintiff's cost; and
3. Award Defendant all other relief deemed just and proper.

7. ATTORNEY SIGNATURE BLOCK

Respectfully submitted this ______ day of ________________, 20____.

[LAW FIRM NAME]

By: ______________________________
[Attorney Name] (La. Bar No. [________________])
[Address]
[City, State ZIP]
[Telephone] | [Email]
Counsel for Defendant [Defendant Name]

8. CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing Motion to Dismiss, Memorandum in Support, and Proposed Order was served on all counsel of record by [U.S. mail / electronic filing system / hand delivery] on this ______ day of ________________, 20____.

______________________________
[Attorney Name] (La. Bar No. [________________])

EXHIBIT A — PROPOSED ORDER

STATE OF LOUISIANA
PARISH OF [________________]
[________________] JUDICIAL DISTRICT COURT
DOCKET NO.: [________________] | DIVISION: [________________]

[PLAINTIFF NAME], Plaintiff,

versus

[DEFENDANT NAME], Defendant.

ORDER

Considering the Motion to Dismiss / Peremptory Exception filed by Defendant, [Defendant Name],

IT IS ORDERED, ADJUDGED, AND DECREED that:

1. The Motion to Dismiss is hereby GRANTED.
2. Plaintiff's Petition is DISMISSED WITH PREJUDICE, each party to bear its own costs.

THUS SIGNED at [________________], Louisiana, this ______ day of ________________, 20____.

______________________________
JUDGE, [________________] Judicial District Court