Question: 1. In current practice, Rule 12 (e) motions generally are disfavored and granted only when the pleading is so unintelligible as to make the opposing

1. In current practice, Rule 12

(e) motions generally are disfavored and granted only when the pleading is so unintelligible as to make the opposing party unable to respond. To what extent could plaintiff in Garcia have phrased the complaint to avoid the granting of defendant’s motions? Could he merely eliminate some of the allegations that gave rise to the conditional privilege?

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