Send copies of your motion, and any supporting documents, on the same day you file them with the Clerk of the Court. The court should sanction the plaintiffs attorney for filing a baseless complaint. Copyright 2023, Thomson Reuters. A Motion to Dismiss requests that the judge overseeing your case enter an order dismissing the debt collector's lawsuit. (1) Action means any civil action or special proceeding. How Much Do You Have to Be in Debt to File for Chapter 7? Effective strategies for how to get back on track after a debt lawsuit, New Hampshire Statute of Limitations on Debt, Sample Cease and Desist Letter Against Debt Collectors, The Ultimate Guide to Responding to a Debt Collection Lawsuit in Utah, West Virginia Statute of Limitations on Debt, What debt collectors cannot do FDCPA explained, Defending Yourself in Court Against Debt Collector, You're Drowning in Debt Here's How to Swim, Help! The motion must be filed with the court and served on the other party. 5 papers, the Court rules as follows. -Handlin, and Stephanie action because Plaintiff one with zero interest in the suit. A court may dismiss an action, with or without prejudice, upon plaintiffs written request to the clerk at any time before commencement of trial. DR 2-110(B)(1) and (2) control two of the circumstances requiring a lawyers mandatory withdrawal from employment whenever (1) he is representing a client before a tribunal (with the courts permission if permission is required by its rules), or (2) he is representing a client in other matters. 2022 California Rules of Court. Should I File Bankruptcy Before or After a Judgment? A lawyer should not use any aspect of the litigation process, including discovery and motion practice, as a means of harassment or for the purpose of unnecessarily prolonging litigation or increasing litigation expenses. A party over whom the court lacks jurisdiction may bring a motion to quash service of summons without subjecting it to the jurisdiction of the Court. Id., Cal. when either party fails to appear at the trial and the other party appears and asks Next, the judge may schedule an oral argument, where each partys attorney can explain their position. Service is not made within two years after the action is commenced against the defendant. The Truth: Should You Never Pay a Debt Collection Agency? In addition to or in lieu of awarding costs, the court, in its discretion, may impose financial sanctions upon any party or attorney who appears in a civil action or proceeding who engages in frivolous conduct as defined in this Part, which shall be payable as provided in Section 130-1.3 of this Part. Defendant objects to Latin Markets' attempted cure of its lack of standing by changing Markets Group, Inc. in the original complaint to . The court may dismiss without prejudice the complaint in whole, or as to that defendant, when dismissal is made under the applicable provisions of Chapter 1.5 (commencing with. Accessing Verdicts requires a change to your plan. (3) By the court, without prejudice, when no party appears for trial following 30 days notice of time and place of trial. On November 21, 2017, Plaintiff John Badea (Plaintiff) filed a complaint against Defendant Emil Botezatu (Defendant) for libel and slander per se. Do not submit confidential information through this form. DR 7.102 of the New York Code provides as follows: A. Doing nothing and hoping the lawsuit goes away is not the right choice. The Code of Civil Procedure 581 provides that: (More provisions can be found in CCP 581.). Code of Civil Procedure Section 583.410, subdivision (a), provides: 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. Even though motions for sanctions are more difficult to win, they generally trigger negotiation between the parties. The header identifies the court, the parties, and the case number. Additionally, it is uncommon for courts to grant these motions in their entirety. In Haas v. A. C. and S. Inc., NYLJ, April 6, 2004, the firm of Weitz and Luxenberg was sanctioned $500 for failure to discontinue a claim after it became clear that the plaintiff lacked standing. SoloSuit makes it easy to respond to a debt collection lawsuit. In contrast, misidentification occurs when a plaintiff serves an incorrect entity, i.e. More than Meets the Eye, Who Controls Disbarred Lawyers Trust Account? The motion can affect the trial, courtroom, defendants, evidence, or testimony. Before filing your Motion to Dismiss, you should consider proactively calling the debt collector, or the legal counsel representing the debt collector, to discuss the situation. The dismissing the same without prejudice on a showing of good cause. when new changes related to " are available. Jaklyn Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. CCP 581(b)(1). March 18, 2021 Why? These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia. Make 3 copies of the forms when you are done. A scrivenor's error can be corrected with notice, otherwise the plaintiff has to file a motion to substitute the party plaintiff. The district court agreed and dismissed the claim. The officers who were eventually named then filed a motion to dismiss based on the argument that their addition was untimely. 1998). Motions for summary judgement are costly and time-consuming because they are based on all the facts the parties have gathered during discovery. BC691446 Motion To Dismiss For Naming Wrong Party. Citizens for Parental Rights v. San Mateo County Bd. Most decisions awarding costs under Section 130.1-1 rely on the same two factors for support: (1) the financial burden imposed on the defendant by forcing him to defend against a spurious claim, and (2) the procedural and administrative burdens imposed upon the courts themselves in their inquiry into the merits of the complaint. It is also worth pointing out that a lawsuit can be dismissed with prejudice or without prejudice. When a case is dismissed with prejudice, it means the plaintiff is prohibited from filing the same case against the same defendant again. 1000 A Motion to Dismiss may be filed at any time during the litigation process. The notice may give the parties a deadline to take actions to move the case forward. Proposed Amendments to DR 9-102(G), Ethical Implications of Emergent Technologies, Ethical Considerations When Switching from Criminal Defense to the Prosecution, Recent N.Y. Ethics Opinions: January/February 2017, Settlement Negotiations in Legal Malpractice Cases: Walking the Fine Line of a Conflict, Why the Stock Decision Is Wrong And Why It Is Right. https://codes.findlaw.com/ca/code-of-civil-procedure/ccp-sect-581/, Read this complete California Code, Code of Civil Procedure - CCP 581 on Westlaw, Law Firm Tests Whether It Can Sue Associate for 'Quiet Quitting', The Onion Joins Free-Speech Case Against Police as Amicus, Bumpy Road Ahead for All in Adoption of AI in the Legal Industry. ask the Court to We will email you Sitemap Being sued by a different debt collector? The court has discretion to dismiss an action for failure to prosecute. If a car is repossessed, do I still owe the debt? The frivolous conduct by plaintiffs and their attorney has not only burdened defendant by forcing him to incur legal expenses in defense of needless litigation, it has burdened the court by having to intervene on defendants behalf. The party bringing the motion believes that the facts support a ruling in their favor. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. CoStar Realty Information, Inc. et al v. David Arffa, et al. Thus, in Levy v. Carol Management Cor., 260 A.D.2d 27 (1st Dept. Defendant Plaintiff's Complaint . Read our 50-state guide. %xughq rq 3duw\ ,qyrnlqj -xulvglfwlrq ri wkh &rxuw l h 1rq 0rydqw 3odlqwlii :khq )dfwxdo &kdoohqjh 0rwlrq )lohg 6hh &doodkdq 0dvv dw If the debt collector, or their legal counsel, agrees that you are not the correct defendant, it is acceptable to simply ask them to dismiss you from the lawsuit. or any causes of action asserted in it, in its entirety or as to any defendants, with Nevertheless, the court found that dismissal was properalbeit under Rule 21 governing the adding or dropping of parties. Plaintiffs (5) Plaintiff includes a cross-complainant. [Her] failureto discontinue the instant action against UEI, after being presented with clear evidence that UEI was the wrong corporation sued, is frivolous [citing 22 NYCRR 130-1.1]. When 22 NYCRR 130 was first adopted by the Courts on March 1, 1998 (see Stiffer Sanctions for Frivolous Litigation Conduct, NYPRR April, 1998), Roy Simon predicted: The amended rule will at first make law practice more difficult, especially for sole practitioners. Francine was driving with Mary Jo in the front passenger seat. The These motions present facts and deposition testimony with the goal of having a court dismiss a case in its entirety. . Also relevant to any inquiry into sanctionable conduct are DR 2-109(a)(1) and DR 2-110(B)(1). parties. 728 (1996). Two significant factors in exercising this discretionary power are: (a) whether the plaintiff's conduct was severe and deliberate; and (b) whether alternatives less severe than dismissal are available to remedy the situation. (3) After a motion to strike the whole of a complaint is granted without leave to The Court is gravely concerned that it expended scarce resources on a motion by Wells Fargo, which is not the owner and has never been the owner of the Reyes mortgage. with leave to amend the plaintiff fails to amend it within the time allowed by the And if the lawyer either because he fails in his obligation to investigate or stubbornly ignores the facts receives notice from the defendant or his attorney, or in a pleading or deposition, indicating that he has named the wrong defendant or that his client lacks standing, he should immediately stop to determine whether he is justified in proceeding or whether the wiser course would be to discontinue. ASSIGNED NAMES AND NUMBERS and AFILIAS LIMITED, Defendants. In appropriate cases, a motion for sanctions under Code of Civil Procedure section 128.7 can be highly effective at dismissing a lawsuit with prejudice early on without the expense of protracted litigation. 3 An award of costs and sanctions is needed here not only to compensate defendant, but to deter abuse of the judicial system and to ensure the orderly administration of justice. Rules of Court, Rule 3.1342, subd. (c) For purposes of this part, conduct is frivolous if: (1) it is completely without merit in law and cannot be supported by a reasonable argument for an extension, modification or reversal of existing law; (2) it is undertaken primarily to delay or prolong the resolution of the litigation, or to harass or maliciously injure another; or. This applies to the whole of the pleadings, regardless of what part of the complaint is the subject of the motion to dismiss. Defendant Plaintiff filed claims against officers in their individual capacities. Do student loans go away after 7 years? then at the time of the administering of the oath or affirmation to the first witness, Stay up-to-date with how the law affects your life. Otherwise, it may take a motion for summary judgment if evidence outside the pleadings needs to be used. The defendant is then expected to file a responsive pleading, which is a formal response to the complaint. C-2. try clicking the minimize button instead. Does the Fair Credit Reporting Act Work in Florida? Application for renewal This is when the same party who made a motion (a request for an order) that was refused (the entire motion or just part) asks a judge (same or different) to grant the order. They do this by filing a motion to dismiss. Knowingly make a false statement of law or fact. Exercise of this power has generally been confined to sham actions, or cases involving prejudicial delay in prosecution for less than the statutory periods. Relying on an affidavit by UEIs president that UEC and UEI were not the same entity, Judge Schack awarded summary judgment to UEI and ordered a hearing to determine if plaintiff Robertson and his attorney, Regina Felton, had engaged in frivolous conduct by continuing the action against UEI. A "classic" misnomer, one in which the claim contains a minor spelling error of the defendant's name and is personally served upon the intended but misnamed defendant, prompts the application of a standard historically developed to remedy mere irregularities. Code Civ. What Happens When a Debt Is Sold to a Collection Agency. A Motion to Dismiss asks the judge to dismiss the plaintiff's case. The risk of judicial sanctions was illustrated by the decision of Supreme Court Judge Arthur M. Schack in Robertson v. United Equities Inc., #35718/04, New York Law Journal, July 11, 2008. Most people agree that being sued for an outstanding debt is bad, but being sued for an outstanding debt they do not actually owe is worse. The judge will then review each side's motion, and give the court's decision at a predetermined hearing date. No reply was filed. 6 The proper defendant in the action was United Equities Corp. (UEC), not United Equities Inc. (UEI), as alleged by plaintiff. of Educ. The Preamble to the Appendix emphasizes that the Standards are: Principles of behavior to which the bar, the bench and court employees should aspire. If they agree, request that they file a formal dismissal motion and send you a copy of the filing. Two years after the action is commenced against the defendant if the Judicial Council by rule adopted pursuant to. Parties to a case may use motions to ask the judge for specific relief, such as case dismissal. Ruling on a Motion to Dismiss Ms. McLaughlin [sic] and her firmwill have to explain to the Court why this Court should not sanction them for making a frivolous motion pursuant to 22 NYCRR 130.1-1. The motion to dismiss must be filed with the court and served on the other party. Submitting to our content does not create an attorney-client relationship. You are forced to endure significant stress and anxiety until you ultimately realize that the debt collector sued the wrong defendant. Special Motion to Strike Under the California Anti-SLAPP Statute and Motion to Dismiss for Failure to State a Claim and for Lack of Personal Jurisdiction. If on appeal an order granting a new trial is affirmed or a judgment is reversed and the action remanded for a new trial, within two years after the remittitur is filed by the clerk of the trial court. Filing 6 MOTION to Dismiss for Improper Party, Lack of Personal Jurisdiction and Improper Venue by Robin Meissner Responses due by 12/19/2008 (Attachments: # 1 Affidavit Robin Meissner, # 2 Appendix Terms of Use, # 3 Text of Proposed Order Motion to Dismiss, # 4 Text of Proposed Order Proposed Order for Transfer of Venue) (Onisile, Olabisi) Of the two, the obligation to respond to a reasonable request for discontinuance by opposing counsel is the more critical. Motions to dismiss are filed for a range of reasons, which may include: Statute of limitations expiration: The case does not fall within California's time limit for filing. The lawyer knows or it is obvious that the client is bringing the legal action, conducting the defense, or asserting a position in the litigation, or is otherwise having steps taken, merely for the purpose of harassing or maliciously injuring any person. (1975) 51 Cal.App.3d 1, 34. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. A motion to dismiss is a formal request in a court of law asking the judge to terminate a court action. In federal Courts in California (ex. Civil Procedure. Advice on how to answer a summons for debt collection. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. A lawyer should promptly return telephone calls and answer correspondence reasonably requiring a response. The court grants defendant Bill Jopsons motion to dismiss this action with prejudice. Motion to Dismiss A motion to dismiss may be filed by either party, the plaintiff or defendant, when the party feels as though a lawsuit is not warranted or appropriate given the situation. 2003), the Court reversed the denial of sanctions where the proceeding was frivolous and was designed to harass various defendants. All Rights Reserved, Disclaimer Contact us. 8. You should explain that you do not owe the amount alleged and/or that you are not the correct defendant. The opposing party will usually have the chance to write an opposition to the motion. days' notice of time and place of trial. or the introduction of any evidence. Defendant moves first per CCP 581(b)(5), which permits the Court to dismiss a case when the plaintiff fails to appear for trial and the defendant moves for dismissal. Rule 15(d) provides that the court, upon motion of a party, may allow the party to serve a supplemental pleading setting forth transactions, occurrences, or events postdating the pleading sought to be supplemented. Can Private Disability Payments Be Garnished? James, >>Read the FastCompany article: Debt Lawsuits Are Complicated: This Website Makes Them Simpler To Navigate, >>Read the NPR story on SoloSuit: A Student Solution To Give Utah Debtors A Fighting Chance. You are opting in to receive email communication from Chugh, LLP by submitting this form. If the judge determines that the grounds presented are valid, they will terminate the action by granting the motion. Thanks for the service!" In these motions, defense attorneys argue that: The defendant must serve the motion on the plaintiff before filing and allow the plaintiff 21 days to respond. Nature of Proceedings: Motion: Dismiss Actgion with Prejudice for Failure to Amend Complaint Subscribe to Justia's Free Newsletters featuring summaries of federal and state court opinions. Handlin, Glenn Make sure to bring any relevant documents to court with you that can help you prove that you are the wrong defendant. There is no time limit. moves for dismissal. and all of his claims should be dismissed. motion to dismiss for naming wrong party. Your motion should clearly explain the situation and provide evidence to substantiate your argument that the debt collector sued the wrong defendant. See, Estate of James v. Martin Memorial Hospital, 422 So.2d 1043 (Fla. 4th DCA 1982) (holding that complaint need not anticipate affirmative defenses, but if grounds for such exist on face of the complaint, motion to dismiss may be made based on same). Astonishingly, an attorney in this case filed suit naming the wrong person as the plaintiff. We have notified your account executive who will contact you shortly. When faced with a lawsuit, defendants and their defense attorneys often aim to defeat the case as quickly and cost-effectively as possible. It may also identify the judge. How to Make a Debt Validation Letter - The Ultimate Guide, How to Make a Motion to Compel Arbitration Without an Attorney, How to Stop Wage Garnishment Everything You Need to Know, How to File an FDCPA Complaint Against Your Debt Collector (Ultimate Guide), Defending Yourself in Court Against a Debt Collector, Tips on you can to file an FDCPA lawsuit against a debt collection agency. Generally, the plaintiff has an absolute right to dismiss a lawsuit, neither the clerk nor the trial court has any discretion in the matter, and voluntary dismissal terminates the trial court's jurisdiction over the matter. 07 - 264 - cjc notice of motion and motion to dismiss for violation of due process and state sovereignty to the honorable court and the u.s. attorney or his representative: A demurrer (or motion to dismiss) is limited to matters appearing on the face of the challenged pleading or matters which must or may be judicially noticed. During these 21 days, a plaintiff may voluntarily dismiss the case, or they may even discuss a reasonable settlement with the defendant. (c) A plaintiff may dismiss his or her complaint, or any cause of action asserted The court may dismiss the complaint as to that defendant when: After a motion to strike the whole of a complaint is granted without leave to amend and either party moves for dismissal. (f) The court may dismiss the complaint as to that defendant when: (1) Except where Section 597 applies, after a demurrer to the complaint is sustained without leave to amend and 7. Service of summons upon a person or entity not named as a party to an action is not valid. filed with papers in the case, or by oral or written request to the court at any time A motion to dismiss is the legal equivalent of a general demurrer. In an action to recover for personal injuries, for example, he should avoid naming anyone as a defendant until he has reasonable proof that the putative defendant caused or contributed to the accident, or was responsible for preventing it. Learn how to respond to debt collectors when they come for a debt that doesn't belong to you and win in court. prejudice, if the plaintiff requests a dismissal, unless all affected parties to the trial consent to dismissal without prejudice or by order of the court phone conversation or place your trust in a verbal agreement, Send a copy of your stamped Appearance and Motion forms to the counsel for the plaintiff (i.e. MOTION to Dismiss for Improper Party, Lack of Personal Jurisdiction and Improper Venue by Robin Meissner Responses due by 12/19/2008 (Attachments: # 1 Affidavit Robin Meissner, # 2 Appendix Terms of Use, # 3 Text of Proposed Order Motion to Dismiss, # 4 Text of Proposed Order Proposed Order for Transfer of Venue)(Onisile, Olabisi). Otherwise, the motion will proceed, and the plaintiff must demonstrate that their case is not meritless. They include the extent to which the parties engaged in any settlement negotiations or discussions, the diligence of the parties in pursuing discovery, the nature and complexity of the case, the law applicable to the case, the nature of any extensions of time or other delay attributable to either party, the condition of the courts calendar and the availability of an earlier trial date, and whether the interests of justice are best served by a dismissal of the case. (3) By the court, without prejudice, when no party appears for trial following 30 Commonwealth v. Rosenberg, 372 Mass. since Under federal law, and in most jurisdictions, an individual may move to dismiss a complaint for the following reasons: (Cal. DR 7.102(a) must be interpreted in the light of 22 NYCRR 130-1.1-a. In order to determine whether a plaintiff has brought suit against the wrong party or the right party by the wrong name, a court must examine the factual circumstances of a lawsuit. 2. If you take proactive steps to address the issue of mistaken identity, there is a good chance you could potentially get the lawsuit dismissed fairly quickly. in it, in its entirety, or as to any defendant or defendants, with or without prejudice How Many Times Can a Judgment be Renewed in Oklahoma? Lack of subject matter jurisdiction: The court does not have the authority to hear this type of case. The notice of motion shall be served and filed within a reasonable time, but in no event exceeding the earlier of: (i) two years after entry of a default judgment against him or her; or (ii) 180 days after service on him or her of a written notice that the default or default judgment has been entered. The hearing in Wells Fargo is scheduled for Aug. 1. I'm Being Sued by My Debt Collector, How to Answer Summons for Debt Collection in Vermont, North Dakota Statute of Limitations on Debt, Summoned to Court for Medical Bills? 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. A motion in limine ensures that that information is not presented to the jury in the first place. (i) No dismissal of an action may be made or entered, or both, under paragraph (1) of a. The names and timings of dispositive motions can vary between individual states as well as between federal and state courts; generally however, these motions are categorized as follows: Motion to Dismiss. A motion to dismiss is the legal equivalent of a general demurrer. Complete the required fields below to get cutting-edge insights from Chugh, LLP team. Conceal or knowingly fail to disclose that which the lawyer is required by law to reveal. Background Your subscription was successfully upgraded. An action may be dismissed in any of the following instances: With or without prejudice, upon written request of the plaintiff to the clerk, filed with papers in the case, or by oral or written request to the court at any time before the actual commencement of trial, upon payment of the costs, if any. (m) The provisions of this section shall not be deemed to be an exclusive enumeration The sole question on a motion to dismiss is whether or not a cause of action has been stated. A demurrer (or motion to dismiss) is limited to matters appearing on the face of the challenged pleading or matters which must or may be judicially noticed. 15(a)(1) while a motion to dismiss is pending, the court has discretion to "transfer" the motion to the new complaint (assuming the motion is still responsive to the amended complaint) or it can require the defendant to file a new motion (if, for example, resolving the motion in light of the new complaint would cause confusion or delay). DEFENDANT'S MOTION TO DISMISS COMPLAINT PURSUANT TO RULE 12 OF THE FEDERAL RULES OF CIVIL PROCEDURE AND MEMORANDUM OF LAW INTRODUCTION Plaintiff has sued the wrong defendant in the wrong jurisdiction. On January 8, 2015, new counsel substituted into the case for plaintiff. A motion is a request for a judge to do something. We will report the outcome. quas For full print and download access, please subscribe at https://www.trellis.law/. To avoid repeating the procedural misstep from Stapelton . Having considered the moving Current Issue, NYLER Archive, NYPRR Archive, Uncategorized. Motions to dismiss are filed for a range of reasons, which may include: While motions to dismiss can be effective at getting a case dismissed in its early stages, many cases do not have the flaws required. (h) The court may dismiss without prejudice the complaint in whole, or as to that Entitled Standards of Civility, the Appendix defines the conduct expected of New York lawyers. Beware a Motion for Sanctions, Review of New York City Bars Opinion on Litigation Financing, Whats in a Name? Check out these resources. Defendants attorneys had submitted time sheets totaling $25,086.25, but some of that time was for services prior to the deposition. Upon completion, you can either print the completed forms and mail in the hard copies to the courts or you can pay SoloSuit to file it for you and to have an attorney review the document. . The information in this article is not a substitute for legal advice and may not be suitable in a particular situation. In federal court, the motion to dismiss is governed by Rule 12 (b) of the Federal Rules of Civil Procedure, which provides specific grounds upon which an individual may move to dismiss a complaint. If you are the wrong defendant identified in a debt collection lawsuit, it is important to take action and file a motion to dismiss with the court. Every lawyer who initiates an action should be careful to confirm that he has the right defendant, and, also, that his client has standing to sue this defendant. abandons it. Co. v. Humboldt Loaders, Inc., 202 Cal.App.3d 921, 931 (1988). Otherwise he cannot later disclaim knowledge of facts which make it obvious that his action would serve merely to harass or maliciously injure another. If the plaintiffs attorney in Robertson, supra, had stopped to think, she would have recognized that two different corporations might have the same name except for the corporate appellations Inc. or Corp.; and if the attorney for Wells Fargo had stopped to think, she would have searched the title records to confirm that they listed Wells Fargo as the Reyes mortgagee. Francine Diliberti and her sister Mary Jo Diliberti were involved in an automobile collision with a wayward wheel in November 1988. Your credits were successfully purchased. The court's jurisdiction . (2) With or without prejudice, by any party upon the written consent of all other parties. It depends on if it was a clerical error or naming the wrong party altogether. Pro. The Wilkinson Please wait a moment while we load this page. As their names suggest, when an inclusionary motion in limine is being made . (f) The court may dismiss the complaint as to that defendant when: (1) Except where Section 597 applies, after a demurrer to the complaint is sustained without leave to amend and either party moves for dismissal. Omitted from both his opinions (Robertson and Wells Fargo, supra), was any discussion by Judge Schack of at least two other rules which bear on the issue of frivolous conduct, and, therefore, on the issue of sanctions. This time, the defendant was the right defendant, but the plaintiff was the wrong plaintiff. An attorney is an officer of the court and may prepare, issue, and serve a subpoena without the court's assistance.
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