Motion To Dismiss - Filing 108201747 E-Filed 02:14:38 PM IN THE COUNTY COURT IN AND FOR MIAMI-DADE COUNTY FLORIDA Case No 20-01666-CC-20 JARED

Motion To Dismiss - Filing 108201747 E-Filed 02:14:38...

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1 4847-1674-5917.3 IN THE COUNTY COURT IN AND FOR MIAMI-DADE COUNTY, FLORIDA Case No. 20-01666-CC-20 JARED MARBLE, Plaintiff, vs. BLANCA GONZALEZ, Defendant. / DEFENDANT BLANCA GONZALEZ’S MOTION TO DISMISS COMPLAINT 1 (And Incorporated Memorandum of Law) Defendant Blanca Gonzalez (“Ms. Gonzalez”), pursuant to Fla. R. Civ. P. 1.140(b)(6), moves the Court to dismiss Plaintiff Jared Marble’s Complaint for Eviction (“Complaint”), and in support thereof, Ms. Gonzalez states: PRELIMINARY STATEMENT Plaintiff seeks to evict Ms. Gonzalez from property that does not exist, without plausibly alleging a rental agreement, and based upon defective pre-suit notice of termination. For these reasons, the Court should dismiss the Complaint. Moreover, the Court should deny any request for leave to amend because, even if Plaintiff cured the Complaint’s pleading deficiencies, this Court would lack subject matter jurisdiction over any action to evict Ms. Gonzalez from the property at which she resides because Ms. Gonzalez owns that property. 1 Prior to filing this Motion to Dismiss, Ms. Gonzalez specially appeared to challenge the sufficiency of service of process. In an abundance of caution, pursuant to Fla. Stat. § 51.011(1), which prescribes that “[a]ll defenses of law or fact . . . shall be filed within 5 days after service of process,” Ms. Gonzalez also files this Motion to Dismiss without waiver of her threshold Motion to Quash Service of Process. Filing # 108201747 E-Filed 06/01/2020 02:14:38 PM