Under what circumstances will a motion to dismiss a small claims action be filed?

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While there is no exhaustive list, common reasons for motions to dismiss include:

  1. A settlement was reached between the parties, obviating the need for court intervention.
  2. The plaintiff has passed away, rendering the proceedings moot.
  3. The parties agreed to mediation, resulting in a mutual agreement to dismiss the claim. In such cases, the mediator will typically file the motion to dismiss.

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