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Recently received a "minute entry" from a default hearing for my case. Judgment was denied for the following reason: 'Plaintiff's complaint fails to state a claim upon which relief can be granted.'

What does that mean?

This is a very general term to me and as far as I'm concerned a claim upon which relief can be granted was made and proven in the wording of the pleading for damages.

2007-12-31 07:21:39 · 1 answers · asked by john b 1 in Politics & Government Law & Ethics

1 answers

That means the court read the pleading and disagreed with your contention that they could provide relief.

Let's say someone stole something from you and then sold it. They no longer know where the item is located. The item does not have a serial number of have a title.

You ask the court to require the person to return the item. The court would not be able to grant the requested relief.

If, however you ask the court to order the person to pay for the cost to replace the item, the court could.

Another example would be if you asked the court to incarcerate the defendant. Small claims court can not do that.

2007-12-31 07:25:38 · answer #1 · answered by davidmi711 7 · 1 0

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