IN THE SUPERIOR COURT OF THE STATE OF RIDGEWAY
IN AND FOR THE COUNTY OF RIDGEWAY
RichardLennox,
Plaintiff
v.
Andrew_DeRosa,
Defendant.
___________________________/
CIVIL DIVISION
CASE NO.: RSC-CV-2876
JUDGE: HON. Bommes
MOTION TO DISMISS
WITH MEMORANDUM OF LAW IN SUPPORT
COMES NOW Defendant Andrew_DeRosa, by and through counsel, and respectfully moves this
Honorable Court to dismiss Plaintiff’s complaint in its entirety pursuant to the Ridgeway Rules
of Civil Procedure, the Rules of Evidence, the Rules of Professional Conduct, and other
applicable law. In support thereof, Defendant states as follows:
MOTION TO DISMISS
I. Failure to Join Indispensable Party
Plaintiff has admitted that a third party, AfricaFarmer, was involved in the incident resulting in the alleged
wrongful death (Interrogatory Response No. 10). Despite acknowledging AfricaFarmer’s active role,
Plaintiff has elected not to join this individual as a party. Under Ridgeway Rule of Civil Procedure 15 on
joinder of claims and remedies, and reflecting the federal analogue under FRCP 19, all parties necessary
for just adjudication must be joined.
Per Provident Tradesmens Bank & Trust Co. v. Patterson, 390 U.S. 102 (1968), and Ridgeway’s
procedural mandate to ensure the “just, speedy, and inexpensive determination of every action” (Rid. R.
Civ. P. Rule 1), this failure obstructs complete relief and invites inconsistent judgments.
Additionally, under Rid. R. Civ. P. Rule 28, the Court may dismiss an action when adjudication cannot
proceed in equity or fairness. Plaintiff’s reason for excluding AfricaFarmer, being a “tourist” - is legally
insufficient. Because AfricaFarmer is an indispensable party, the Court lacks the means to render
complete justice without their inclusion.
Relief requested: Dismiss or stay the case until joinder occurs (A reasonable deadline should be set by
which time joinder must have occurred, if deadline is not met, case should be dismissed.)
II. Abuse of Process and Bad Faith
Plaintiff’s own discovery response (Interrogatory Response No. 13) admits to a retaliatory motive: “drain
[Defendant’s] bank account.” This statement demonstrates abuse of process, which occurs when
litigation is weaponized for improper ends rather than for legitimate legal relief.
Under Christiansburg Garment Co. v. EEOC, 434 U.S. 412 (1978), courts are empowered to deter
vexatious litigation by imposing sanctions. Ridgeway’s Rules of Professional Conduct Rule 1.3 also
require attorneys to act with “reasonable diligence,” while Rule 1.2.1(a) prohibits assisting clients in
pursuing fraudulent or retaliatory objectives.
The judicial process must be protected from such abuse in accordance with Article I, §I and §IV of the
Ridgeway Constitution, guaranteeing justice free from obstruction or personal vendettas.
Relief requested: Dismiss the complaint with prejudice and/or sanction Plaintiff for bad faith litigation.
III. Insufficient and Speculative Evidence of Liability
The Plaintiff’s own admissions (Interrogatory Response No. 10) concede it is “difficult to determine who
fired the last bullet,” and that Plaintiff’s claim is based on “belief” rather than concrete proof. This renders
the complaint facially implausible under Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007), and
Ashcroft v. Iqbal, 556 U.S. 662 (2009).
Per Ridgeway Rules of Evidence Rule 10, only relevant and probative evidence is admissible. Rule 12
allows courts to exclude evidence where its probative value is outweighed by speculative or prejudicial
impact.
Furthermore, Rule 65 (Third-Party Culprit Evidence) affirms a defendant’s right to present evidence
pointing to an alternative perpetrator. The Plaintiff’s own evidence (e.g., video) implicates AfricaFarmer,
further invalidating a sole-liability claim against Defendant.
Relief requested: Dismiss under Rid. R. Civ. P. Rule 12 for failure to state a claim upon which relief can
be granted, due to a lack of sufficient factual support.
MEMORANDUM OF LAW IN SUPPORT
I. Failure to Join Indispensable Party
● Rule of Civil Procedure 15 mandates the joinder of all parties whose participation is essential to
a fair and complete adjudication.
● Per Provident Tradesmens, exclusion of an indispensable party who materially affects liability
warrants dismissal.
● The Plaintiff admits to AfricaFarmer’s co-responsibility, making joinder mandatory under the
Ridgeway Rule 15 and Rule 28.
● Proceeding without AfricaFarmer may cause inconsistent judgments and prejudice Defendant.
II. Abuse of Process and Bad Faith
● Ridgeway Constitution Article I, §I, IV: Guarantees justice free of personal bias or abuse.
● Christiansburg Garment, supra: Federal authority recognizing the court's discretion to sanction
frivolous or harassing litigation.
● Rules of Professional Conduct Rule 1.3 & Rule 1.2.1 prohibit litigation pursued with malicious
or retaliatory intent.
● A direct admission of intent to cause financial harm supports dismissal or sanctions under these
provisions.
III. Insufficient Evidence to Support Liability
● Under Twombly/Iqbal, claims must contain “more than a sheer possibility” of
misconduct to survive dismissal.
● Ridgeway Evidence Rules:
○ Rule 10: Evidence must have a tendency to make a fact more or less probable.
○ Rule 12: Court may exclude speculative evidence that creates confusion or
undue prejudice.
○ Rule 65: Court must consider third-party culpability where appropriate.
Plaintiff admits both Defendant and AfricaFarmer were involved, negating the ability to
assert individual liability against Defendant with the required degree of certainty.
WHEREFORE, Defendant Andrew_DeRosa respectfully requests this Court to:
1. Dismiss Plaintiff’s complaint with prejudice due to failure to join an indispensable party
(AfricaFarmer), pursuant to Rid. R. Civ. P. Rule 15;
2. Dismiss for abuse of process and bad faith, under Rules of Professional Conduct, Ridgeway
Const. Art. I, and federal precedent;
3. Dismiss for failure to state a claim and lack of sufficient factual support under Rid. R. Civ. P.
Rule 12 and Ridgeway Evidence Rule 10;
4. Grant such further relief as this Court deems just and proper.
/s/ DJA M AF1
DJAMAF1
DJAMAF1 & Associates LLP
Managing Partner
Attorney for Defendant Andrew_DeRosa
