The Code Of Civil Procedure

810 WordsOct 21, 20154 Pages
Defendants, Gerry Goldman and Mary Goldman, by their attorneys, ADLER, MURPHY, & MCQUILLEN LLP, and respectfully moves this Court to dismiss Plaintiffs’ Third Amended Complaint pursuant to section 2-603 of the Code of Civil Procedure (735 ILCS 5/2-603(a) (West 2014)), or in the alternative, dismiss Counts, II, V, VI, VII and VIII of Plaintiffs’ Second Amended Complaint pursuant to section 2-619.1 of the Code of Civil Procedure (735 ILCS 5/2-619.1 (West 2014)). INTRODUCTION This case involves a simple landlord-tenant dispute between Plaintiffs, Debra Nathan-Nenn and Grey Hoffman, and Defendants Gerry Goldman and Mary Goldman. Even though the basis of Plaintiffs’ alleged injuries is that Defendants negligently maintained the property, Plaintiffs have now filed multiple complaints that have contained superfluous and unnecessary allegations, and which improperly plead evidence. Indeed, this Court recently struck Plaintiffs’ Second Amended Complaint for failing to plead short and concise statements, and dismissed other counts with prejudice for failing to state a cause of action for which relief may be granted. In doing so, this Court admonished Plaintiffs to remove the superfluous and unnecessary allegations from any future pleading. However, Plaintiffs failed to heed this Court’s directive and have once again filed a 155-count, 23-page third amended complaint that does not narrow the issues or proofs necessary for trial, and also impermissibly combines multiple causes of
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