MOTION TO DISMISS

Motion to Dismiss Lawsuit: Emelody.com vs. Mr. Goodbar

Motion to Dismiss Lawsuit: Emelody.com vs. Mr. Goodbar

Case Overview

Mr. Goodbar is being sued by an online dating service eMelody.com from another state for breach of contract, which he had signed in which he agreed to pay eMelody.com $75,000 if he found a suitable match/women to get married someone referred to him by eMelody.com. There is a condition in the contract, according to which the amount is reduced by half if the espouse is also obligated to pay a fee to Emelody.com. Mr. Goodbar married the Diane Keepsome, after connecting with her on eMelody.com. EMelody.com, headquartered in Los Angeles filed suit in the federal U.S. District Court in San Diego, CA. This paper in this connection will make recommendation to Mr. Goodbar to move a motion to dismissal of the case.

Discussion and Analysis

Contract and its Legal Position

A contract proposes to formalize an affirmation between two or more parties, in relative to a subject. Contracts can cover an exceedingly very broad range of matters, encompassing the sale of items or genuine house, the periods of employment or an unaligned contractor connection, the town of an argument, and ownership of intellectual property evolved as part of a work for hire (Shulman, 2001). Contract is significant whenever you are dealing with anyone for business purposes or whenever, money is involved. Though, a contract alone would have no value, thus, it demands a law to legally bound two parties to pursue the actions according to the written agreement.

A dismissal action is aimed at the effectiveness of the employer outspoken denunciation check. However, if the stated deadline is not met, the notice is legally valid only once. Even if the workers at the service of the dismissal were not present - as if he was on vacation or hospital. Important: in case of successful completion of a dismissal action, it is clear that this was legally invalid. And that means that the working relationship continues. Subsequent approval of a dismissal action may be achieved under very specific circumstances. And that is when the employee proved - despite all the (reasonable) efforts of his hand - not in a position to file the dismissal action.

Motion to Dismiss a Case

In this appeal, the client can move motion to dismiss the case on the basis of court's jurisdiction. In this appeal, the limits of District Court in San Diego, CA jurisdiction ...