5 but we do not construe this rule as intending to limit the initiation of such a motion exclusively to a party, and to exclude a court. Dec 14, 2010 · support of his Motion to Dismiss Plaintiff’s Complaint, or in the alternative, Motion to Transfer Venue pursuant to 28 U. 1. 1(c), 23. (c) Late Filing/Motion to Dismiss. 1114, must serve and file a supporting memorandum. 072820-78 In Re: Suspension and Modification of Superior Court of San Diego County, Local Rules, Rule 5. Ruling on a Motion to Dismiss See full list on smartrules. But the Rule has also been held to permit the court to deny a Government dismissal motion to which the defendant has consented if the motion is prompted by considerations clearly contrary to the public interest. II. 1105 and 8. Learn more about appeal rules and their consequences. " This is the most common type of dismissal motion, and lawyers often refer to it as a demurrer. Motion to Dismiss In January 2018, the Hammonds filed a motion to dismiss for failure to bring the matter to trial within five years, pursuant All further references to court rules are to the California Rules of Court unless otherwise indicated. 1100 to 3. S. FRCP41 (b) allows for an involuntary dismissal to be filed by the defendant. 1354 address Dec 15, 2018 · If, on a motion asserting the defense in Subparagraph (6) of this paragraph to dismiss for failure of the pleading to state a claim upon which relief can be granted, matters outside the pleading are presented to and not excluded by the court, the motion shall be treated as one for summary judgment and disposed of as provided in Rule 1-056, and Government moves to dismiss an indictment over the defendant’s objection . Jul 14, 2020 · Cal. The Federal Rules of Civil Procedure contains the guidelines for the motion to dismiss. pro se litigation Richard Zorza rules of civil procedure self get a fair hearing in court: The court reasoned that the anti-SLAPP motion serves the same purpose as a motion to dismiss or a motion for summary judgment under the Federal Rules of Civil Procedure (dismissal of a claim prior to trial), but the anti-SLAPP statute requires the plaintiff to make a showing higher than that required under the federal rules in order for the Each court has different rules about how long you have to respond to this motion, but usually you will have at least two or three weeks to file an opposition to the defendant’s motion to dismiss. RESPONSE TO CCP §§ 410. Nevertheless, the court found that dismissal was proper—albeit under Rule 21 governing the adding or dropping of parties. Jun 08, 2016 · Even though J. Rules 2. Judge Kandis A. Affinity Gaming, LLC, et al: Southern District of Iowa : Bankruptcy, Contract, Diversity : Motion to Dismiss, Motion to Strike : Gerlich et al v. Supreme Court ruled late on Friday that coronavirus restrictions on indoor religious services at some California churches must be eased. ” “If, on a motion under Rule 12(b)(6) [to dismiss for failure to state a claim] . (c) Failure to oppose motion See full list on smartrules. ” Rinaldi v. IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA Motion for Involuntary Dismissal of Appeal Cal. Here are the typical steps involved: First, the party filing the motion (you can call the party filing the motion the “moving party”), will submit his moving papers, which include a memorandum of law explaining to the Court why he thinks the case should be dismissed. In some cases, a dismissal by court is mandatory if the plaintiff fails to bring the action to The rules for appealing unlimited civil cases are found in 21 Jun 2018 NORTHERN DISTRICT OF CALIFORNIA In ruling on a motion to dismiss under Rule 12(b)(6), the court analyzes the complaint and takes “all  10 Aug 2012 The United States District Court for the Central District of California, based in Los Keywords: local rules, district court, motion to dismiss. (2) On a party's request or its own motion, the court may place a motion on calendar for a hearing. (C), (D), will  8 Feb 2014 California Rules of Court (the following are just a few examples): a. The court makes no determination as to the merits of the case or on the evidence. Aug 17, 2017 · In federal Courts in California (ex. Nov 28, 2018 · Rule 12(b)(6) is commonly used to dismiss a lawsuit before the trial commences; it allows a defendant to file a motion to dismiss for "failure to state a claim upon which relief can be granted. 5 (commencing with Section 583. This rule is amended to permit the court to grant a timely request filed by the United States trustee for an extension of time to file a motion to dismiss a chapter 7 case under §707(b), whether the court rules on the request before or after the expiration of the 60-day period. For example, rules 3. C. v. ” A Motion to Dismiss is often filed by a defendant immediately after the lawsuit has been served, but may be filed at any time during the proceedings. ” See full list on courtdeadlines. For a criminal defendant, getting a motion to dismiss granted is the best case scenario—it means beating the case without having to go to trial. 13 Apr 2020 To sustain essential court services in California state courts, the wait an extra six months to bring such a motion seeking mandatory dismissal. 410-583. The . government lawsuit filed last month but would fight it in federal court. 1342. Motion to dismiss for delay in prosecution (a) Notice of May 11, 2018 · The motion to dismiss must be filed with the court and served on the other party. 30 and 418. ’s (“Move”) Amended Motion to Compel Arbitration and to Dismiss, or in the Alternative, to Stay, the Case (MTC, ECF 37). 1 On May 11, 2018, the trial court granted defendant’s special motion to strike the complaint pursuant to Code of Civil Procedure section 425. This rule shall apply to any motion, application or objection with respect to which the Bankruptcy Code provides that relief may be obtained after "notice and a hearing" or similar phrase, but does not apply to: (1) motions for relief from the automatic stay; (2) proceedings that must be initiated by complaint under Bankruptcy Rule 7001 (adversary proceedings) or motions therein; (3) hearings FILE THE ORIGINAL MOTION to Dismiss Without Prejudice with the Clerk of the Court and ask to have the copies of the Motion stamped. Reporter's Note on Text of Rule 1017(e). 2 25. if a lawsuit is filed by a Plaintiff in the Central district courts, Southern District, Eastern District, or Northern District) a Defendant can either ANSWER (and again raise affirmative defenses) or file a MOTION TO DISMISS (which just like the Demurrer seeks to have the case dismissed on one or more grounds. As explained by the California Supreme Court, “[t]he California Legislature essentially sought to replicate rule 11 when it enacted section 128. 430 must serve and file a notice of motion at least 45 days before the date set for hearing of the motion. Notice of Motion and Motion, Memorandum of Points and Authorities, and. Detailed within a recent ruling by a Advertisement It may seem like there is no more to basketball than putting a ball in a basket. 2 a. 1350 to 3. 15 “To survive a motion to dismiss, a complaint must Therefore, a mandated reporter may present a claim to the California Victim Compensation and Government Claims Board for reasonable attorney’s fees and costs incurred in any action against that person on the basis of making a report required or authorized by this article, if the court has dismissed the action upon a demurrer or motion for (A) Without a Court Order. The rule supersedes 18 U. 10. 119 address the basic form of all papers filed with the court. This section lists some of the motions that happen in court a lot. 57 (Motions before the record is filed) and 8. Before filing a demurrer, parties in a civil action must now meet and confer at least  27 Jul 2014 She also filed a motion asking the court to rule on custody of the case pursuant to section 583. It can be used in certain civil lawsuits in the Northern District Court of California. The above text of Rule Jun 30, 2019 · Because Rule 41(a) "does not allow a court to dismiss some, but not all, of the defendants in a single case," the motion for voluntary dismissal was improper. Branstad et al Oct 01, 2018 · There are many different kinds of motions. Information on how to dismiss a family law case. Motions to dismiss can be filed because the plaintiff's complaint didn't allege sufficient facts to support the claim, or because of jurisdictional or statute of limitations issues, or for various other reasons. Good faith settlement and dismissal. (B) Notice Requirements. Dec 15, 2018 · A written motion to dismiss asks the judge to throw a case out of court due to one or more fundamental flaws in the plaintiff's filing. 6 May 2020 Local prosecutors plan to ask the state's highest court to review a law that changes when accomplices can be convicted of felony murder. 1382. Justice Department sued the $1 trillion (£760 billion) search and advertising g Rules 1 to 18 of the California Rules of Court and other selected for new trial, a motion for judgment notwithstanding after a demurrer, or a motion to dismiss. Referees police the action of the game and blow a whistl Alphabet's Google said on Friday it would not file a motion to dismiss a U. ” Mar 25, 2015 · A document filed with the court asking the judge to throw out certain claims in a civil or criminal case, or to throw out the case altogether, is called a “Motion to Dismiss. This template was prepared by the Justice & Diversity Center, a nonprofit organization, and is not an official court form. The party may, with the memorandum, serve and file a declaration stating facts in support of the motion. To learn how to make a motion, read How to Ask the Court for Something. 10(a)(2), CALIFORNIA RULE OF COURT 804  Nor will a motion for relief under Code of Civil Procedure section 473(b) provide any (Cal. (n) RULE 127. JUDGE STEPHEN P. In This Article A motion is a legal action your divorce attorney uses in order to get your particular issue into a A California woman won't have to pay that ticket she got in October, though a court commissioner affirmed that it's illegal to drive and use Glass at the same time. California Rules of Court (the following are just a few examples): a. On April 20, 2020, Defendant filed a motion to dismiss. for sanctions on the court's own motion (CCP §128. motion for a change of venue, or motion to stay or dismiss for "Forum Non Conveniens,". 3 5 to section 583. Crew was silent as to the local rule on point, the circumstances of this case do not justify a departure from Local Rule CV-26(a). Motions to Dismiss. matters outside the pleadings are presented to and not excluded by the court, the motion must be treated as one for summary judgment under Rule 56. The clerk must promptly send each party a notice of the date and time of the hearing. Jan 27, 2021 · On January 12, 2021, the United States District Court for the Central District of California granted Marriott’s motion to dismiss in Arifur Rahman v. (b) The notice shall designate, as the time for making the motion, a date not more than 30 days after filing of the notice. Depending on its purpose, a motion to dismiss is usually governed by Federal Rules of Civil Procedure 12. 1112 California Rules of Court CRC Rule 3. The Committee entertains the view that on motion under Rule 12(b)(6) to dismiss for failure of the complaint to state a good claim, the trial court should have authority to permit the introduction of extraneous matter, such as may be offered on a motion for summary judgment, and if it does not exclude such matter the motion should then be Before the Court are two motions: (1) Defendant National Association of Realtors’ (“NAR”) Motion to Dismiss for Lack of Personal Jurisdiction and Failure to State a Claim (MTD, ECF 25); and (2) Defendant Move, Inc. In a court trial the case is decided by the judicial officer without a jury. By Martyn Williams Senior Correspondent, IDG News Service | Today's Best Te The court will dismiss a case without discharging debt if the filer commits fraud or fails to fulfill requirements such as filing official bankruptcy forms and education certificates, submitting supporting documentation, and attending the 3 In most states where new trials are allowed, you will have to appear before a judge and plead your case again. (2) To stay or dismiss the action on the ground of inconvenient forum. A motion or application for determination of good faith settlement may include a request to dismiss a pleading  Sanctions for Violations of Local Court Rules Under. 5, California Rules of Court, subdivision (a) of which provides for the giving of notice of a motion for dismissal by the party seeking such pursuant to section 583, subdivision (a); fn. 310 of the California Code of Civil Procedure. 1 Jan 2014 Motions for Relief under California Rules of Court, Rule 9. Purpose of a Demurrer A demurrer is an objection to a complaint or counterclaim, not a motion to dismiss a case. A motion to dismiss a criminal case in California. ” Accordingly, the district court denied the motion to stay discovery pending the resolution of the motion to dismiss. 123(B),. Discretionary Dismissal For Delay CODE OF CIVIL PROCEDURE SECTION 583. (1) The court may rule on a motion at any time after an opposition or other response is filed or the time to oppose has expired. A motion to dismiss is different from pleading not guilty and wanting the court to dismiss because you did not commit the crime alleged. The date of November 13, 2007 was agreed upon by Defendant and Plaintiff's lead counsel, Hollis Hire as the date the motion would be heard by the Court whereby giving Plaintiff 35 days to file any opposition. If a party fails to appear at a law and motion hearing without having given notice, the court may take the matter off calendar, to be reset only upon motion, or may rule on the matter. 44 (number of copies). 190 can aid in shortcutting a Motion to Dismiss. View and download a sample motion to dismiss from Courtroom5. 2 The court’s order In denying the defendants’ motion to dismiss, the court first held that the heightened pleading requirements for fraud under Federal Rule of Civil Procedure 9(b) did not apply to the plaintiff This rule, while requiring the motion to be made before pleading, vests discretionary authority in the court to permit the motion to be made within a reasonable time thereafter. 727 and, in addition, to consider the following Article 4. Using this If the action is not brought to trial within five years, dismissal is mandatory on the motion of any party or on the court’s own motion. com A party filing a motion, except for a motion listed in rule 3. The court may construe the absence of a memorandum as an admission that the motion or special demurrer is not meritorious and cause for its denial and, in the case of a demurrer, as a waiver of all grounds not supported. The judge will then review each side's motion, and give the court's decision at a predetermined hearing date. The court must rule on the motion as if the party had appeared. Give the following documents to Family Court Administration and tell them it is for the Judge * Pursuant to California Rules of Court, rules 8. If no criminal action has been instituted, the motion may be filed in and resolved by the court that issued the search warrant. 2. Motion to dismiss for delay in prosecution. 25 Mar 2013 Federal Rules of Civil Procedure, California California Rules of Court, which augment some of the lawsuit with a motion to dismiss under. Facsimile Document Compliance with California Rules of Court (Rev. There is no provision in the rules for a reply brief. com The motion to dismiss in the case of the complaint not being amended after a demurrer is sustained with leave to amend, or in the case of failure to prosecute, is always filed by the defendant. 110) of Title 8. The U. et al [1], a class action filed against the company following its disclosure of a data breach in March 2020. 1, 1970) rule 203. Pursuant to California Rules of Court, rule 8. S District Court for the Northern District of California denied a motion by the Office of the Comptroller of the Currency seeking to throw out the Apr 09, 2015 · The majority of pretrial motions are requests to admit or exclude certain evidence at trial, but the aim of a motion to dismiss is to stop the criminal prosecution altogether. May 01, 2018 · Unless otherwise ordered by the assigned Judge, a party may file an ex parte motion, that is, a motion filed without notice to opposing party, only if a statute, Federal Rule, local rule or Standing Order authorizes the filing of an ex parte motion in the circumstances and the party has complied with the applicable provisions allowing the party Aug 21, 2015 · through twenty-eight of the Defendant’s Motion to Dismiss. (1) Fifteen Calendar Days (all cases): (a) Motion to set aside conviction; Penal Code section 1203. 556a [now 3288, 3289], fixing a definite limitation of time for pleas in abatement and motions to quash. , Rule 8. (b) Bail bond motions. Feb 12, 2015 · Florida Rules of Civil Procedure 1. . Federal court opinions on rule 11 provide further support for the trial court’s authority to dismiss an action with prejudiceunder section 128. C Regarding Rescheduling of Hearings Order No. Rules of Court, rule 8. It is based on this motion and notice of motion, the attached memorandum of points and authorities filed in support thereof, on such further oral and documentary evidence as shall be introduced at the time of the hearing MOTION TO DISMISS IMPROPER PARTY AND MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION OR, ALTERNATIVELY, TO TRANSFER VENUE In accordance with Federal Rule of Civil Procedure 12(b) subsections (2), (3) and (7) as well as Title 28 of the United States Code section 1404(a), Defendant Robin Meissner (Meissner) hereby moves for the dismissal of A judge ruled that a lawsuit seeking to invalidate recent reforms of the Community Reinvestment Act can proceed. (a) The court may in its discretion dismiss an action for delay in prosecution pursuant to this article on its own motion or on motion of the defendant if to do so appears to the court appropriate under the circumstances of the case. Rule 3. Subject to Rules 23(e), 23. 16,1 California’s anti-SLAPP statute. The opposition is a memorandum of law that responds to the defendant’s arguments. 2, and 66 and any applicable federal statute, the plaintiff may dismiss an action without a court order by filing: (i) a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment; or See full list on utcourts. District Court for the Southern District of California. The samp… Slideshare uses cookies to improve functionality and performance, and to provide you with relevant advertising. Westmore of the U. These are called conformed copies and is proof that the original was filed. The dismissal is based solely on a failure to move the case to trial in five years. The Rule allows the Plaintiff to amend a pleading once, without permission of the Court, prior to a responsive pleading from the Defendant. The Potentially making the navigation of large California cities like San Francisco and Los Angeles more problematic, drivers aren't allowed to pick up their smartphones and check Google Maps while driving. The Defendant’s Motion to Dismiss or for Clarification was set for hearing on April 25, 2016. PROCESSING YOUR MOTION. com May 25, 2017 · Pursuant to Federal Rule of Civil Procedure 12(b)(6), a district court may dismiss a complaint, or any part of it, for failure to state a claim upon which relief may be granted if the plaintiff has not set forth factual allegations in support of his claim that would entitle him to relief. 07/11/2017 Instructions: Opposition to Motion to Dismiss 1 of 3 Instructions: Responding to a Motion to Dismiss the Complaint . Then, on April 22, 2016, the Plaintiff filed its Second Amended Complaint, thereby rending the motion and the hearing thereupon moot. 4 The Hammonds retained counsel in October 2011. However, there are certain rules that teams must play by in order to create a fair game. Provisional Remedies in Criminal Cases Apr 16, 2017 · This sample motion to dismiss on the grounds of an inconvenient forum in California is filed under Code of Civil Procedure sections 410. 100 to (a)) and a discretionary motion to dismiss for failure to  29 Oct 2009 Specifically, JAMS Rule 18 provides, in pertinent part: “The Arbitrator may permit any The propriety of a dispositive motion in a California commercial The trial court dismissed the petition, and the appellate cour 1 Nov 2010 in the California Rules of Court, all subsequent filings shall be made with the Clerk of the Appellate Division. 360. Rules 3. 54, [appellant/respondent] moves to dismiss this appeal on grounds it is  A141356. 2 9. If the court intends to dismiss an action on its own motion, the clerk must set a hearing on the dismissal and send notice to all parties at least 20 days before the hearing date. FRECCERO, Superior Court of California, County of Marin, was local rules of court require that specified motions be made as well as argued outside If motion granted, move to preclude reference to a dismissed part 25 Jun 2014 The court, on its own motion or on application for an order shortening time supported by a complied with the notice requirements of California Rules of Court, rule substitute counsel, including dismissal of the cas 11 Jan 2016 The revisions change motion practice in California state courts. Proposed Order (if included) is always filed as a separate document. CRC 3. Superior Court of California, County of Sacramento 100 (3) The court finds good cause for failure of the moving party to comply with the time limits for service. 010118-25 In Re: Language Access Order No. 430 583. 104(a)(1)(B). If a party whose court fees and costs were initially waived has recovered or will recover $10,000 or more in value by way of settlement, compromise, arbitration award, mediation settlement, or other means, the court has a statutory lien on that recovery. 1372 deal with law and motion, including general formatting rules and specific rules applicable to a wide variety of motions. Leath et al: Southern District of Iowa : Civil Rights : Motion to Dismiss : Godfrey v. 4 However, the Federal Rules do not squarely address what is required of a defendant that responds to a complaint with a par-tial LOCAL RULES – SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE (issued 07/01/12) 8-2 Chapter 1 Felony Cases Rule 800. Legal Standard A. b. 100 to 2. The court may refuse to dismiss the case until the lien is satisfied. The State of California’s motion to dismiss is brought pursuant to Federal Rules of Civil Procedure 12 (b)(1) and 12(b)(6). 4. General Applicability This rule applies to any of the following motions in a felony case once the indictment or information has been filed: 1. A motion to dismiss is a legal pleading that asks a court to decide a case in favor of the pleading party because no legal claim exists, even if the facts are true as stated by the plaintiff. § 1404(a) to the United States District Court for the Northern District of California. The other party then has the opportunity to respond to the motion, usually within a couple of weeks. gov Orders Affecting Superior Court Local Rules Order No. Pretrial Motions in Felony Cases A. Article 4. Instead of answering, a defendant or respondent can ask the court to dismiss all or part of the case by making a motion to dismiss. Rules of Court, rule 3. Jul 25, 2013 · The starting point is Civil Rule 12(d), “Result of Presenting Matters Outside the Pleadings. On September 24, 2007 Defendant filed its Motion for Dismissal or in the Alternative Motion for Summary Judgment. According to the first-filed rule, where identical actions are proceeding concurrently in two federal courts, the first-filed action is generally preferred in a choice-of-venue decision. California Rule of Court (CRC) 3. CCP §575. 410. Jul 12, 2018 · When a defendant files a motion to dismiss, he asks the Court to throw out all or part of the plaintiff’s case. Bans on singing during indoor services remain in place, but the court struck down absolute ban Uber and Lyft must reclassify their drivers as employees rather than independent contractors following a California appeals court ruling which found that there’s an “overwhelming likelihood” the companies violated labor law by misclassifyin Learn about the two types of motions your divorce attorney can file during the divorce process, plus common reasons for each. Jul 26, 2018 · A motion to dismiss is a defendant’s request that the court throw out the charges against them due to some defect. 010118-31 In Re: Family Court Reporters Nov 28, 2018 · Rule 12(b)(6) is commonly used to dismiss a lawsuit before the trial commences; it allows a defendant to file a motion to dismiss for "failure to state a claim upon which relief can be granted. As grounds therefor, Defendant states as follows: BACKGROUND Defendant Ishmael Jones is a former CIA deep-cover officer. Rules of Ct. 204, subd. 724 [“Unless the court orders another time period, no later than 30 calendar days before the date set for the initial case management conference, the parties must meet and confer, in person or by telephone, to consider each of the issues identified in rule 3. 7. Feb 04, 2019 · To survive a motion to dismiss for failure to state a cause of action under Rule 12(b)(6), “a complaint must contain sufficient factual matter, accepted as true, to ‘state a claim to relief Jan 20, 2015 · Motions on the appellate level, including a motion to involuntarily dismiss an appeal, are governed by the rules on motion practice contained in the California Rules of Court, Rules 8. Motion to Dismiss Defendants seek to dismiss Plaintiff’s Complaint pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). By John McCurley, Attorney If you lose your traffic court trial and are con A California court on Wednesday denied an application for a temporary restraining order by the state's Uber Technologies Inc drivers, saying the drivers could not establish the alleged "political coercion" by the ride-hailing company. (3) To dismiss the action pursuant to the applicable provisions of Chapter 1. The template and samples in this Guide combine them into one. . IN SUPPORT OF MOTION TO STAY PROCEEDINGS and. Feb 14, 2017 · This sample motion to dismiss under Rule 12(b)(6) in United States District Court is filed on the grounds that the complaint fails to state a claim upon which relief can be granted under Federal Rule of Civil Procedure 12(b)(6), or in the alternative that Plaintiff should be required to provide a more definite statement under Federal Rule of Civil Procedure 12(e). Plaintiffs need not file a motion to dismiss, they simply file a "request for dismissal" that the clerk processes and dismisses the action. Shortly after, and while the motion was pending, the California state court action was removed to the U. 7(c)) if an attorney or party has require dismissal of contempt citation under doctrine of double jeopardy). Marriott International, Inc. However, if such court failed to resolve the motion and a criminal case is subsequent filed in another court, the motion shall be resolved by the latter court. Declaration(s) may be filed as separate documents or combined together into the same document. ) If you are giving notice of entry of or from a judgment or order of dismissal if the demurrer is sus Rule 3. 1110, this opinion is certified for publication with the exception of part II. 1304(c) & (d) (amended eff 1/1/16) > > Read More. The court must order a dismissal without A motion to dismiss, on the other hand, is used in federal court. It is true that following the amendment the Judicial Council adopted (effective Jan. DIVISION 4 Only a timely motion for dismissal under rule 5. Motion to Dismiss : Clarke County Development Corp. Rule 12(b) motion to dismiss, automatically extends the defendant’s time to answer the complaint until fourteen days after notice of the court’s resolution of the motion (unless the court sets a different date). com See full list on smartrules. On March 16, 2020, Plaintiff filed a Motion for a Preliminary Injunction. The motion to dismiss is used by defending parties who are trying to have the case thrown out in the early stages of litigation. 5. FRCP Rule 41 FRCP 41 (a) allows for voluntary dismissal, which can be filed by the plaintiff with and without a court order. A party seeking dismissal of a case under Code of Civil Procedure sections 583. are sufficient facts to bind them over into the trial court – meaning that the prosecutor was able to show all the  1 Feb 2019 The Meet and Confer Requirements Under California Law And then we file the motion to compel and ask the court to order the other side to  10 May 2018 Summary Judgment motion is a creature of statute, CA Civil Code of be counterproductive; courts are reluctant to rule on such motion before  13 May 2020 In a California DUI, a motion to suppress evidence under Penal Code strong defense strategy that might result in the charges being dismissed. MOTION TO DISMISS APPEAL AS MOOT. 54 (Motions) and 8. 30(a) AND 418.