Saturday, September 26, 2015
Sufficient facts to bring an action and the defense of prematurity | Paulding County lawyer
A cause of action accrues when a legal right which is vested as distinguished from contingent or conditional in the plaintiff is violated by the defendant. However, if the right depends upon some condition or contingency, the cause of action accrues only from the fulfillment of that condition or happening of the contingency, and, if brought before, it is premature, And third parties have nothing to do with the matter. This particular defense is probably one of those which could be raised at the option of the pleader in his answer or by motion in writing based on failure to state a claim upon which relief can be granted. It should be observed, however, that the defense of prematurity should be asserted in some responsive pleading, otherwise it would be waived. No private right of action shall arise from any legislation enacted after July 1, 2010 unless such right is expressly provided therein. Under OCGA 9-11-15, the court may upon proper motion permit a party to set forth in supplemental pleadings facts occurring subsequent to the filing of the original pleading. This will not of course affect the requirement that a complete cause of action exist before the commencement of an action. If insufficient facts exist at the outset, the action will still be subject to dismissal for failure to state a claim. Contact a Paulding County attorney if you have sufficient facts to support a claim and contact a Paulding County lawyer if you have been sued and the other side does not have sufficient facts to bring the matter to court.