THE STATE OF RIDGEWAY
RIDGEWAY SUPERIOR COURT
ASPENFUN, an individual
Plaintiff,
-against-
MASTERQV, an individual
Defendant.
RSC-CV-8952
DEFENDANT'S MOTION TO DISMISS
PLAINTIFF'S WRONGFUL DEATH (7 R.
STAT. § 124.001) CLAIM
Presiding Judge: Hon. Mytrius
Defendant masterqv, proceeding with his attorney, who is thr33six8 Esq., hereby move to
dismiss the plaintiff's claim of the tort of Wrongful Death (7 R. Stat. § 124.001) for failure to
state a claim upon which relief can be granted.
PROCEDURAL JUSTIFICATION FOR MOTION
Defendant may move to dismiss any claim for a few defense by motion, one of those
being "failure to state a claim upon which relief can be granted." Rid R. Civ. Pro. 12(a)(5).
GROUNDS
1. Facts do not say that the Defendant killed Plaintiff at Compl. ¶ 14, therefore
surrendering the "who killed" prong of the tort of Wrongful Death.
Plaintiff alleges that "at some point, Mr. aspenfun had been shot so many times he was
killed." Compl. ¶ 14. He also argues that Defendant is "the sole causation as to Plaintiff’s death."
Compl. ¶ 34. The tort of wrongful death is when someone "causes the death of another without
legal cause or justification."
Okay. Does the statement of facts (i.e., the "factual background" of the complaint) say
anything about the Defendant killing him? No, it just says that "at some point, Mr. aspenfun had
been shot so many times he was killed." That "at some point" prepositional phrase suggests that
the following death was far off of when Defendant allegedly shot the Plaintiff: was the Plaintiff
killed off easily by some poison debuff since he was on low health? Got his own truck to fling
him into twentysomething studs in the air and easily die since he was on low health? Took a
minute to read the appellant's brief in RichardLennox and took damage from cringe, killing him?
No.
The statement of facts does not put forward a material fact like "Defendant shot the
Plaintiff once, killing him as a coup de grace," which explicitly states that the Defendant killed
the Plaintiff.
Instead, the statement of facts just says that Mr. aspenfun, "at some point", "was shot so
many times that he died." By who though? Even if it's assumed true that the Defendant shot the
Plaintiff multiple times, it does not say that the Defendant killed him. Full stop.
To top it off, Compl. ¶ 14 does not even put the Defendant as the agent of the sentence. If
he were the agent, it would read as "At some point, Mr. aspenfun had been shot so many times
by defendant he was killed." If you take THAT sentence as true, then there's a cause of action.
Without the agent, and there's no cause of action. End of story.
2. Binding case law agrees with the above-titled reason.
Every attorney knows these words: "To survive a motion to dismiss, a complaint must
contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its
face.'" Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell Atlantic Corp. v. Twombly, 550
U.S. 544, 555 (2007)).
Literally reading Twombly, it held that speculation won't do to show entitlement to relief
for a 15 U.S.C. § 1 claim because of Fed. Rule. Civ. Proc. 8(a)(2). 550 U.S. 544, 545 ("Federal
Rule of Civil Procedure 8(a)(2) requires only 'a short and plain statement of the claim showing
that the pleader is entitled to relief,' in order to 'give the defendant fair notice of what the . . .
claim is and the grounds upon which it rests'") (quoting Conley v. Gibson, 355 U.S. 41, 47
(1957)).
The state's equivalent to the rule is Rid. R. Civ. Pro. 8(a)(1), but that rule has rarely been
cited. Instead, the federal standard has been called upon more often. E.g., Tomskipetski5 v.
StudsPerSecond, Rid. Superior Ct. RSC-CV-380 (2022). In fact, this very court has ruled to use
the federal standard "when our legal structures align." Hitherwguys v. theburnerphone, Rid.
Superior. Ct. RSC-CV-2305 (2024) (citing largeTitanic2 v. Nevplaysgames, 1 Rid. ____ (2023));
Cf. thr33six8 v. Dominodownload et al., Rid. Superior Ct. RSC-CV-6949 (2026) (judge cited
Rid. R. Civ. Pro. 38(c) in denying defendants' motion for summary judgment).
As previously stated, there's just no fact explicitly saying that Defendant killed Plaintiff.
Therefore, the Wrongful Death cause of action fails under Twiqbal because there is insufficient
factual matter.
RELIEF SOUGHT
Defendant requests this court to dismiss the plaintiff's wrongful death claim with
prejudice.
DATED: 2026-07-26 (July 26th, 2026)
Respectfully submitted,
———————————————
/s/ thr33six8
The Attorney of Defendant/Client masterqv;
Licensed Attorney in the State of Ridgeway
since July 23rd, 2026 (R.S.B. License
#19302).
