Dennis Daniel Kisilev
Appearing Pro Se
IN THE CIRCUIT COURT OF THE STATE OF OREGON
FOR THE COUNTY OF MULTNOMAH
|PROGRESSIVE UNIVERSAL INSURANCE COMPANY, an insurance company, Plaintiff, vs.|
DENNIS DANIEL KISILEV, Defendant.
|CASE NO: 21CV33297 DEFENDANT’S MOTION TO DISMISS|
DEFENDANT’S MOTION TO DISMISS DENNIS DANIEL KISILEV
Defendant, Dennis Daniel Kisilev, moves this court to dismiss the Complaint pursuant to Or. R. Civ. P. 21 (A) (8) for failure to state a cause of action and states:
- Plaintiff, Progressive Universal Insurance Company (PUIC) filed its complaint seeking damages stemming for an alleged road accident unknown to and neither caused by the Defendant.
- Plaintiff alleges that Defendant was involved in an accident with one, Myeshia Earl, without any ultimate facts to support their claim of negligence, property damage and personal injury. That legal conclusion is insufficient to sustain a claim against the Defendant. “To withstand dismissal, . . . a plaintiff must allege more than ‘naked legal conclusion.’” K.R. Exchange v. Fuerst, Humphrey, Ittleman, P.L., 48 So.2d 889, 892-893 (Fla. 3″ DCA 2010).
- Plaintiff and its counsel ought to have investigated the facts before filing a lawsuit and making unsubstantiated allegations against the Defendant. Plaintiff and its counsel have simply failed to investigate the facts, or worse, have ignored the facts and brought a frivolous action against the Defendant.
- For the foregoing reasons, Plaintiffs complaint should be dismissed.
WHEREFORE, Dennis Daniel Kisilev, moves to dismiss this action against him for failure
to state a cause of action.
DENNIS DANIEL KISILEV,
DECLARATION OF DENNIS DANIEL KISILEV
I, DENNIS DANIEL KISILEV, declare as follows.
- I am over the age of 18 years and am a party to this action. I have personal knowledge of the facts stated in this declaration, and if called as a witness, could and would testify competently to the truth of the facts as stated herein.
- That I am a stranger to Myeisha Earl, operator of a 2020 Kia Soul
- That I was not involved in, and neither was am I aware of, any accident that occurred on November 1st 2019, involving myself and Myeisha Earl.
- That I am not the right Defendant in this action and therefore the Plaintiff has no claim against me.
- I respectfully request that the Court grant my motion to dismiss.
I declare under penalty of perjury under the laws of the State of Oregon that the foregoing is true and correct and that this Declaration was executed on 5th September 2021 at ________________, Oregon.
DEFENDANT – DENNIS DANIEL KISILEV
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that true and correct copy of the foregoing has been served via [insert mode of service] to: [insert physical address or email address] this _____ day of ____________, 2021.
DENNIS DANIEL KISILEV,
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