The Plaintiff has been diagnosed with Chronic Paranoid Schizophrenia by two different doctors and is receiving SSI for a mental disability. The Plaintiff is suing me for $9 million dollars for obtaining a Restraining Order on him because he threaten my life and family. The Plaintiff is my son. The Plaintiff has also attempted to sue over family members for millions of dollars in the past. Can I file a motion to dismiss ? Is this the right thing to do ?

With this kind of money at stake you would be foolish to proceed without an Attorney.

What would be your legal grounds to dismiss the complaint?

What is his contention - is he saying you filed false charges?

You certainly could file an Answer and a Motion to Dismiss if you have legal grounds.

Thank you for the help.

I thought my grounds would be that he is mentally incompetent. In a previous case against his exwife, the Judge order a Criminal Responsibility Evaluation. He was found to be incompetent to stand trail for some of the offenses below.

Yes, he is saying I filed false charges.

The Plaintiff, my son, who's mentally ill is acting as his own Attorney. He has filed Lawsuits in the past against his exwife and a local car dealer the same way. The cases eventually get dismissed because he would present unitelligible, bizarre allegations against the Defendants. My son has a criminal history of Domestic Violence, substance abuse, assalt & battery and is registered sex offender. He has some problems. I am considering contacting the Attorney that his exwife used because he is already familiar with the Plaintiff and his backgroud.

I thought of Filing a motion to dismiss along with completing the Case Management Statement and see where that goes first before contacting the Attorney.

My son has challenged the Restraining Order that I have on him 3 times already in Family Court. I hired an Attorney to secure the Restraining Order initially but appeared in court on my on behave the last 2 times. The Judge dismissed my sons bizarre allegations each time.

This is just tragic for everyone involved. I am so sorry you are going through this.

Yes, I would file a Motion to Dismiss but make sure you do file an Answer at the same time so you are not in default. Speaking with an Attorney who has defended against your son in the past is also a good idea.

At some point you can bring charges for (basically) wasting the Court's time and preclude any future filings for similar grounds. These cases are difficult but I have seen them.

Again - what a difficult situation. I am so sorry.

I truelly appreciate your guidance. Thank you for helping me.

Just because he has a mental issue, does not mean he could not have been wronged, and in fact his attorney could use that as evidence that he is a victim, and the jury or court could feel sorry for him.

So while yes his illness and other law suits show a pattern and issues, it also does not automatically mean his case has no merit.

An attorney would be the right thing at this poinst

Hello CA:

The Padre is right. Being nuts only prevents you from being executed. It doesn't prevent you from suing.

excon

Quote:

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Originally Posted by excon

Hello CA:

The Padre is right. Being nuts only prevents you from being executed. It doesn't prevent you from suing.

excon

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- But it can prevent you from winning, particularly if the Court feels "you" are abusing the legal system. I believe I see a pattern here on the part of the son. Are you suggesting that a Motion to Dismiss due to past lawsuits and actions not be filed?

I've seen preparation for a mental health defense include talking to family and neighbors.

Hopefully OP will come back and let us know.

Definitely involve an attorney and don't even attempt to answer or try to defend against this yourself.

If you paid to have a Restraining Order taken out on him the court will look at the son's suit as retalitalitory at most.

The matter could be Motioned to be Dismissed on grounds of a frivilous law suit. Your attorney would be able to tailor a motion accordingly to get it dismissed.

If he is suing you for 9 million dollars what does he claim you did to him to merit such a huge settlement sum?

And if he broke the restraining order you had in place on him how did he fare in court when he was before the Judge for breaking the restraining order? Was he ordered to keep his distance and not have any contact with you whatsoever?