Motion to dismiss maryland code#

Having elected to work, conduct business, and profit in Baltimore City, the Defendant may not now complain when he is subject to a lawsuit in Baltimore City.ī. The “regular business” language of the venue rules includes the “continuous pursuit of some calling or profession, such as ordinarily engaged in as a means of livelihood or for the purpose of gain or profit.” Id. Sexton has freely chosen to conduct business in Baltimore City, presumably, he can earn income as a result of providing services to individuals and/or companies who reside in Baltimore City. 570 (1965) (holding that a law firm may be sued in Montgomery County, even if their primary office is in Prince George’s County, if they habitually engage in the practice of law in Montgomery County.) Even if the Defendant maintains his primary offices elsewhere, venue is still proper in Baltimore City because the Defendant carries on regular business there. Moreover, it is apparent that Defendant earns income from services provided in Baltimore City. See Sexton Affidavit, Defense Exhibit #1. This request should fail because Defendant carries on a regular business and habitually engages in his vocation in Baltimore City, Maryland. Vol.), §6-201.ĭefendant seeks a dismissal on the grounds of improper venue. In addition, a corporation also maybe sued where it maintains it principal offices in the state. Subject to the provisions of §§6-202 and 6-203 and unless otherwise provided by law, a civil action shall be brought in a county where the Defendant resides, carries on a regular business, is employed, or habitually engages in a vocation.

Motion to dismiss maryland code#

Section 6-201 of the Courts and Judicial Proceedings Article of the Maryland Code provides as follows: Plaintiffs’ Choice of Venue in Baltimore City is Proper Because Defendant cannot meet their burden of showing that Defendant does not conduct regular business in Baltimore City, his motion to dismiss should be denied.Ī. Accordingly, venue is entirely proper in Baltimore City. at Paragraph 3.ĭefendant engages in the regular business in Baltimore City and earns income from work that he does in Baltimore City. ( See Plaintiff’s Complaint, attached hereto as Exhibit 1.) Plaintiff further alleges that Defendant engages in regular business in Maryland, specifically Baltimore City. Sexton (“Sexton”) caused substantial personal injuries property damages. This is an auto accident in which Plaintiff, Hope Vitale (“Vitale”) contends that the negligence of the Defendant, James C. Plaintiff, Hope Vitale, by her undersigned attorneys, respectfully requests that this Court deny Defendant’s Motion to Dismiss for Improper Venue. County and Baltimore are the two best jurisdictions for personal injury cases in Maryland

Compare the settlement values of different Maryland counties (and Baltimore City).

The pre-trial settlement in this case was more than 45 times the original offer. If, on a motion to dismiss for failure of the pleading to state a claim upon which relief can be granted, matters outside the pleading are presented to and not excluded by the court, the motion shall be treated as one for summary judgment and disposed of as provided in Rule 2-501, and all parties shall be given reasonable opportunity to present all material made pertinent to such a motion by Rule 2-501.Below is a sample venue motion we filed to keep a case in Baltimore City.

If leave to amend is granted and the plaintiff fails to file an amended complaint within the time prescribed, the court, on motion, may enter an order dismissing the action. The amended complaint shall be filed within 30 days after entry of the order or within such other time as the court may fix. If the court orders dismissal, an amended complaint may be filed only if the court expressly grants leave to amend. In disposing of the motion, the court may dismiss the action or grant such lesser or different relief as may be appropriate. A motion under sections (a) and (b) of this Rule shall be determined before trial, except that a court may defer the determination of the defense of failure to state a claim upon which relief can be granted until the trial.