Last month, Carmelo Garcia in his third lawsuit suing everyone, survived a motion to dismiss against Mayor Dawn Zimmer and her husband.
This third version adds a NJRICO claim and this allegation like so many others survives for the moment.
On a motion to dismiss, the court will give every “inference of fact” to the plaintiff. This is all good and well until you must show actual evidence supporting your allegations. Should your allegations turn out to be lacking evidence and be nothing more than a big steaming pile of lies, perhaps there’s confidence in one’s ability to convince others the lies are true notwithstanding the lack of evidence.