Ridgeway Unified Courts

JUDICIAL COUNCIL OF RIDGEWAY

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SUPERIOR COURT OF THE STATE OF RIDGEWAY CITATION: BattalionGavin v. GlenMcDeer, 2022 RSC 743 DATE OF JUDGEMENT: November 19, 2022 BETWEEN: BattalionGavin Plaintiff and GlenMcDeer Defendant REASONS FOR JUDGEMENT ON MOTION TO DISMISS OF THE HONOURABLE JUDGE KOALAMEDVEDEVA I. Motion to Dismiss [1] Defendant moves to dismiss on the grounds that plaintiff has not suffered injury-in-fact and therefore lacks standing to sue. [2] Defendant argues that the harm plaintiff may have suffered falls short of the distinct and palpable standard demanded by doctrines governing standing. Instead, defendant argues that the harm plaintiff suffered is merely speculative. [3] In defendant’s submission, defendant makes factual assertions with respect to plaintiff’s current employment status and performance in the most recent Senate elections; these factual assertions purport to show that defendant’s alleged conduct did not result in injury-in-fact. II. Reasons for Judgement [4] Defendant’s factual assertions are not appropriate in a motion to dismiss. The only relevant question is whether all properly pleaded facts, assuming they are true, give rise to the cause of action. [5] Plaintiff alleges that there was actual malice, therefore he is entitled to a claim to collect damages for a defamatory statement. [6] Plaintiff alleges that there was career harm done though the publishing of a defamatory statement, therefore plaintiff has a cause of action under state law. [7] Whether plaintiff’s allegations are true or not is a matter for trial, and defendant has made clear in their answer to the complaint that it is their position that there was neither career harm nor actual malice; defendant should advance their position at the proper venue: trial. III. Disposition [8] Motion to dismiss is denied. Dated at the City of Palmer, in the State of Ridgeway this 19th day of November, 2022. “koalaMedvedeva” Judge koalaMedvedeva Counsel for the plaintiff BattalionGavin: stickza, Ridgeway. Counsel for the defendant GlenMcDeer: HolyRomanRyan, Ridgeway.

MotionRuling_RSC-CV-743_1544-111922.pdf

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