What is the name of your state? RI
Need how to dismiss a superior court case on the grounds of new evidence that shows the plaintiff didnt have any grounds to sue me since they were unlicensed at the time of service. According to the small case judge (where case initiated) the plaintiff wouldn't have a right for sue for payment for breach of contract if they were unlicensed. I didn't have proof at the time , however I do now.
I have proof of the violation directly from the RE Commission who has investigated my inquiries and confirmed and advised me that the plaintiff 's violation (unlicensed) is a criminal misdemeanor.
Under what circumstances/grounds can I file a motion to dismiss???? So far all I have done is filed an appeal of the small claims judgment through superior court. Was told to decide whether file motion to assign to jury/judge or arbitration. Dont want arbitration at this point ,especially now that I have strong evidence and would like plaintiff to attain the consequences of their actions.
Thanks for any suggestions and advice to avoid going to court and to have the monetary judgment dismissed.
Need how to dismiss a superior court case on the grounds of new evidence that shows the plaintiff didnt have any grounds to sue me since they were unlicensed at the time of service. According to the small case judge (where case initiated) the plaintiff wouldn't have a right for sue for payment for breach of contract if they were unlicensed. I didn't have proof at the time , however I do now.
I have proof of the violation directly from the RE Commission who has investigated my inquiries and confirmed and advised me that the plaintiff 's violation (unlicensed) is a criminal misdemeanor.
Under what circumstances/grounds can I file a motion to dismiss???? So far all I have done is filed an appeal of the small claims judgment through superior court. Was told to decide whether file motion to assign to jury/judge or arbitration. Dont want arbitration at this point ,especially now that I have strong evidence and would like plaintiff to attain the consequences of their actions.
Thanks for any suggestions and advice to avoid going to court and to have the monetary judgment dismissed.