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fail to state the cause of action

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  • FreeTex@swbell.net
    If you fail to state all elements, you fail to state the cause of action. The statement above I got from one of the studies. From this I come to the
    Message 1 of 2 , Apr 2, 2007
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      If you fail to state all elements, you fail to state the cause of action.

       

      The statement above I got from one of the studies.  From this I come to the conclusion that the complaint without all the elements of the cause of action is an invalid complaint.  If that be so, then the court lacks jurisdiction!!!

      From my understanding all that would be needed is to petition court to dismiss for failure to state a cause of action, and or lack of jurisdiction for violation of due process.

    • Frog Farmer
      ... Correct. ... California code pretty much spells it out for everybody willing to read it. ... Yes, and please apply that principle, that anything without
      Message 2 of 2 , Apr 2, 2007
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        FreeTex@... [mailto:freetex@...] wrote:

        > If you fail to state all elements, you fail to state the cause of
        > action.

        Correct.

        > The statement above I got from one of the studies.

        California code pretty much spells it out for everybody willing to read
        it.

        > From this I come
        > to the conclusion that the complaint without all the elements of the
        > cause of action is an invalid complaint. If that be so, then the
        > court lacks jurisdiction!!!

        Yes, and please apply that principle, that anything without all the
        parts isn't the same thing as it is with all the parts. An officer
        without an oath, a jury without 12 people, an arraignment without the
        required steps, etc. etc. Guess how many people will settle for less
        than the contract requires? Are you one of them?

        > From my understanding all that would be needed is to petition court to
        > dismiss for failure to state a cause of action, and or lack of
        > jurisdiction for violation of due process.

        From my understanding nothing is needed. I don't need to be prosecuted
        for anything, and I'm not going to cooperate in it. Why should I
        "petition" (read "grant jurisdiction to act") ANYONE to "dismiss"
        something ("an action") THAT DOES NOT YET EXIST?! How many angels on
        the head of a pin is the same number as how many cases exist to be
        dismissed that don't start with a complaint!

        Regards,

        FF
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