Sample opposition to motion to dismiss under rule 12(b)(6)

This sample opposition to a motion to dismiss under Rule 12(b)(6) of the Federal Rules of Civil Procedure was used in an adversary proceeding but can be modified and used in any civil litigation in a Bankruptcy or District Court in ANY state within te jurisdiction of the Ninth Circuit Court of Appeals. This is a preview of the sample document sold on scribd.com by LegalDocsPro. The sample is 10 pages long and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority and a proof of service by mail.

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Any Attorney or Party
Any Street
Any Town, CA 90000
949-555-5555
Any Attorney or Party
UNITED STATES BANKRUPTCY COURT
____________ DISTRICT OF ________
IN RE: ANY PARTY,
Debtor,
ANY PARTY,
Plaintiff,
vs.
ANY PARTY,
Defendant.
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Case No.
Chapter 7
Adv. Proc No.
OPPOSITION TO MOTION TO DISMISS
COMPLAINT; MEMORANDUM OF POINTS AND
AUTHORITIES
DATE:
TIME:
DEPT:
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OPPOSITION TO MOTION TO DISMISS COMPLAINT

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To purchase and download the entire sample document visit:
http://www.scribd.com/doc/25605615/Sample-Opposition-to-Motion-to-
Dismiss-under-Rule-12-b-6
Plaintiff, ________________________, (“Plaintiff”) herein submits his Opposition to the
Motion to Dismiss for failure to state a cause of action filed by Defendant, _____________________
(“Defendant”).
Plaintiff contends that his complaint does in fact allege sufficient facts to state a cause of
action against Defendant, and does state the particular section, namely 523(a)(2) of the Bankruptcy
Code, on which Plaintiff contends that the debt owed by Defendant is non-dischargeable. Therefore,
the Court should deny Defendant’s Motion.
The Opposition to the Motion will be based on this Opposition, the attached Memorandum of
Points and Authorities, and all pleadings and documents on file in Defendant’s bankruptcy case and
this adversary proceeding.
This Motion shall be based upon this Notice, the attached Memorandum of Points and
Authorities, the complete files and records of this action, and such other evidence as may be
presented at the hearing on this Motion.
Dated_________________________ _______________________________________
Any Attorney or Party
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OPPOSITION TO MOTION TO DISMISS COMPLAINT

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MEMORANDUM OF POINTS AND AUTHORITIES
I.
STATEMENT OF FACTS
Plaintiff contends that Defendant is a debtor of Plaintiff, and that the debt is non-
dischargeable based on the following.
State all facts in detail that show the false representations made
by the defendant. Specifically what was said, when it was said, where it
was said. Use the wording from the complaint, not necessarily all of it
but enough to ensure that you have stated a claim for fraud against the
Defendant based on false representations. Do NOT just use the
wording from this sample unless it applies to your situation.
II.
LEGAL ARGUMENT
A. THE COURT SHOULD DENY DEFENDANT’S MOTION TO DISMISS AS
PLAINTIFF’S COMPLAINT DOES ALLEGE SUFFICIENT FACTS TO
CONSTITUTE A CAUSE OF ACTION AGAINST DEFENDANT
Pleading satisfies particularity requirement for fraud if it identifies circumstances
constituting fraud so that defendant can prepare adequate answer from the allegations. Deutsch v.
Flannery, (9th Cir.1987), 823 F.2d 1361, 1365.
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OPPOSITION TO MOTION TO DISMISS COMPLAINT

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Plaintiff contends that his complaint clearly satisfies the particularity requirement for fraud as
it identifies the circumstances constituting fraud in enough detail for Defendant to prepare an
adequate answer from the allegations.
And the U.S. Supreme Court has stated that a complaint should not be dismissed unless it
appears beyond doubt that the Plaintiff can prove no set of facts in support of his claim that would
entitle him to relief.
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OPPOSITION TO MOTION TO DISMISS COMPLAINT