Catherine Is a Lawyer Representing a Retired Fireman

Catherine is a lawyer representing a retired fireman. The fireman, along with ten other individuals, invested in a commercial real estate development. The development company was later sued by a bank after it defaulted on a construction loan, and the lender named all of the investors in the suit, claiming they were guarantors of the loan. The case is pending in federal court. After the suit was served, the fireman met with Catherine and briefly met Karla, Catherine's paralegal. In the meeting, Catherine recommended that, instead of filing an answer to the complaint, a motion to dismiss be filed. The fireman accepted the recommendation, but did not really understand what that meant. Before he left, the fireman ran into Karla, and he stopped her long enough to ask her to explain motions to dismiss. Of the options listed below, what is Karla's best approach to answering the client's question?

A) Advise the fireman that she cannot answer the question because she would be engaging in the unauthorized practice of law, but that she will see if Catherine is still available to answer his question.
B) State that a motion to dismiss, under the federal rules, is a way of asking the judge to rule summarily on a party's claim or defense as a matter of law because no facts are in question.
C) State that a motion to dismiss, under the federal rules, can be filed before filing an answer to the complaint. It seeks to have a claim or party dismissed from the case because something about the complaint or its service is faulty.
D) State that a motion to dismiss, under the federal rules, can be filed before filing an answer to the complaint. It seeks to have a claim against a party dismissed because it is frivolous.

Correct Answer:

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