motion to dismiss

[redtrac]

We are being sued for a prescriptive easement and $20,000,00 in damages, because we would not allow the plaintiff to trespass over the road. The court postponed the first hearing date till further notice, due to their clogged workload. The plaintiff has sense put the property on the market and we met the new owner to be, he says he’s moving in, in 30 days! My question is, Can the plaintiff still carry on his lawsuit if he does not own the property? Arizona

 

[I AM ALWAYS LIABLE]

My response:

Sure.

All because he's selling today, doesn't mean the damages that you may have, or allegedly, caused in the past are vitiated by the sale.

IAAL