Destiny and Enzo engage in a business transaction for the creation and baking of a cake and other pastries and desserts for Destiny's wedding dinner and reception. When a dispute arises, Destiny initiates a lawsuit against Enzo by filing a complaint.

If Enzo files a motion to dismiss, he is asserting that

a. Destiny did not state a claim for which relief can be granted.

Question

Giovanna Ellis

Social Studies

26 May, 20:13

Destiny and Enzo engage in a business transaction for the creation and baking of a cake and other pastries and desserts for Destiny's wedding dinner and reception. When a dispute arises, Destiny initiates a lawsuit against Enzo by filing a complaint.

If Enzo files a motion to dismiss, he is asserting that

a. Destiny did not state a claim for which relief can be granted.

+2

Answers (1)

Know the Answer?

Carl Galvan · Answer 1

Answer: a. Destiny did not state a claim for which relief can be granted.

Options:

a. Destiny did not state a claim for which relief can be granted.

b. Destiny's statement of the facts is not true.

c. Destiny's statement of the law is not true.

d. Enzo suffered greater harm than Destiny.

Explanation: In a personal injury case such as the one above, the defendant has the right to file a motion to dismiss. It is done right after the complaint at the beginning of the case and a defendant must file a motion to dismiss before responding to the complaint.

One of the valid reasons for filing a motion to dismiss is not stating a claim for which relief can be granted. Other reasons are lack of jurisdiction of the court over the case and one of the parties involved not receiving their court papers

.