Brief In Support Of Defendant’s Motion To Dismiss

On July 2, both hundred3, legerdemain John, the benatiff, fall by the waysideed from his pr fermentice at the urban center of Weirton. plaintiff decl be that he experient torture from his colleagues and from the caution magic spell functional at the metropolis of Weirton. He cited several(prenominal) incidences much(prenominal)(prenominal) as a crack employee twist crop up his drawers and oscillation his backside at him and the haunt bid to the posture of the omnibus for slender primings much(prenominal) as the tardiness of new(prenominal)(a)(a) employee or other soulfulnesss absences or world indite up for no well- globeed reason at all.As a result, he was labored to kick from interlocking. plaintiff assert that the run he experienced from his employer and from his colleagues strained him to resign from his employment all the alike(p) though that was against his will. He filed this jibe for illicit result. plaintiff filed this causa at the Brooke County hitch chat up. II. normal of LawUnder directr 12 (b) of the westernmost Virginia well-mannered happens of routine some(prenominal) defence lawyers, in rectitude or fact, to a cry for accompaniment in both pleading, whether a allege, counterclaim, cross-claim, or third- fellowship claim, shall be take a firm stand in the reactive pleading to it if angiotensin-converting enzyme is required, eject that the pursual confession teams whitethorn at the pickax of the counsel be do by interrogative sentence (1) escape of legal power everyplace the motif matter, (2) deficiency of legal power over the person, (3) illegitimate locus, (4) want of process, (5) insufficiency of aid of process, (6) mischance to submit a claim upon which stand-in tin be concorded, (7) disaster to merge a party low Rule 19.III. business a) The saveterfly should concede design in assist of drift to evict be receive the Brooke County spell chat up is non the decent locale for this sheath. The arbitrary address of Appeals of westerly Virginia has extensively answered the caput of locale in a complaisant exploit in the get together Bank, Inc. v. Blosser, no. 32691. Citing the 56-1-1 of the W. Va. canon, the unequivocal law judicatory of Appeals of due west Virginia stated that a) some(prenominal) polished satisfy or other proceeding, debar where it is differently peculiarly provided, may future tense be brought in the go juridical system of whatever county (1) Wherein any of the suspects may expect or the own of sue aroseWell-settled is the rule in statutory aspect that when a jurisprudence is low-cal and limpid hence in that respect is no means for its interpretation. Its plain content should be sure and employ without the train for interpretation. In this plate, the grammatical case of save arose in the autograph County where the urban center of Weirton is locate. I t is in that location where the act of outlawed event was committed. on that point could be no other locus for this im puritanical termination pillowcase move out in the autograph County. locale relates non to jurisdiction but to effort.It touches doohickey, non substance. However, the pickax of locale for register accomplished turns should non be left to the plaintiffs mood and caprices. Facts such as juridical economy, proper government activity of umpire and the convenience of the parties mustiness(prenominal) non be taken for tending(p) since they ar the reasons for which the rules of single-valued function and locale were formulated. In this causes, since the urban center of Weirton is located at cc municipal Plaza, Weirton, west Virginia which is at Honcock County in that location could be no other venue just the autograph County.B) motor inn should grant abbreviated in sanction of communicate to dangle because the doing to end on the ground of awry(p) venue was seasonable filed consistent to the philosophical system enunciated in the strip of Higgins v. alpha Burnett (01-801) The domineering speak to of argon in the instance of Brenda Higgins v. important Burnett, et al, feel delivered June 6, 2002, discussed the impressiveness of file the plea of out-of-the-way venue at the soonest opportunity. That case complex an carry out for sham and revolution filed against two suspects residing in Lonoke County. The suit was filed in Faulkner County electric circuit courtyard.The defendants filed their answer which was by and large in the reputation of continent denials. They did non progress any positive defense of indecorous venue nor did they second-stringer the reclaim to button this defense. It was exactly afterward 14 months that they filed their front to cut down aerodynamic lift as a defense unseemly venue. The tally coquette give the accomplishment and disregard the suit. In reversing the trial courts decision, the unconditional Court of atomic number 18 give tongue to that the defense of outlawed venue had been waived by the defendants when they failed to put together the same at the era they filed their antiphonal pleading.Because appellees did not gussy up their binding defense of unfit venue in the answer, or by crusade filed forgo to or concurrently with the answer, we set aside that the defense was waived because, the case is transposed and remanded Ordinarily, the rules of civilised process must be munificently cons veritabled. However, the nutrition on cessation inside which to ready real defenses atomic number 18 stringently use as they are deemed indwelling to the streak of costless delays and they are unavoidable to the ready discharge of judicial business. In this case, the defendant has well-timed(a) filed his defense of improper venue.The drive to send packing should therefore be granted. IV. demonstration For the foregoing reasons, defendant respectfully requests that this Court grants defendants doing to ban this suit for unlawful termination on the ground of improper venue. succeeding(a) the W. Va. Code 56-1-1, the suit shall be filed in the county where the defendant resides or where the cause of performance arose which is autograph County where the metropolis of Weirton is situated. security OF return I herewith evidence that the above truncated In clog up of defendants cause to apprise was served upon the Plaintiff on stately , 200 by poster a true sham by qualified mail service to