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STANDARD OF REVIEW When determining a motion to dismiss a complaint for failure to state a claim, allegations of the complaint, as well as any reasonable inferences [and annexed exhibits] which may be drawn therefrom in plaintiff's favor, are to be taken as true. Brum v. Town of Dartmouth, 44 Mass.App.Ct. 318, 321 (1998). Eyal v. Helen Broadcasting Corp., 411 Mass. 426, 429 (1991) and cases cited. See also Whitinsville Plaza, Inc. v. Kosteas, 378 Mass. 85, 87 (1979); Nader v. Citron, 372 Mass. 96, 98 (1977). Dismissal is also not appropriate where GiGi is entitled to any form of relief for any wrong or injury. Brum, at 321. Citron v. Nader, 372 Mass. 96, 98 (1977), quoting Conley v. Gibson, 355 U.S. 41, 45-46 (1957); Mass.R.Civ.P. 8(f). Massachusetts Declaration of Rights, article XI. "A complaint is not subject to dismissal if it could support relief on any theory of law" [Whitinsville Plaza, Inc. v. Kosteas, 378 Mass. 85, 89 (1979)], "even though the particular relief [which plaintiff] has demanded and the theory on which he seems to rely may not be appropriate." Nader, 372 Mass. at 104 (citations omitted). "A complaint should [also] not be dismissed simply because it asserts a new or extreme theory of liability or improbable facts." Jenkins v. Jenkins, 15 Mass.App.Ct. 934, 934 (1983). "[I]t is important that new legal theories be explored and assayed in light of actual facts rather than a pleader's suppositions." New England Insulation Co. v. General Dynamics Corp., 26 Mass.App.Ct. 28, 30 (1988) quoting 5 Wright & Miller, Federal Practice and Procedure, §1357 at 603 (1969 and supp. 1987). Patriarca v. Center for Living and Working, Inc., 1999 WL 791888 at 4 (Mass.Super. Sept. 8, 1999) (Wernick, J.). ARGUMENTS 1.Where Article V of the Massachusetts Declaration of Rights requires all public employees of the three branches of the government of the Commonwealth of Massachusetts to be accountable to the people at all times, this court is precluded from applying

Hoping the elections bring in new blood and the corruption in the Inland Empire slows down. My father a 68 year old man strangled in front of his 72 year old wife and having judo moves done on him dying from brain death in minutes. Denial of any access to justice because the father of the killer friend of the DA. This is what we all think of the 3rd world. The Riverside County Supervisors, Sheriff and Coroner put a false statement of fact in the court that we had to file a lemine to counter it. The judge removed himself. The employees that were let go some went to San Bernardino, Like Daima Calhoun in the DA office. Look for your self on line in you tube for Nye frank Racing. The father a Norco High teacher tells Daima how he will cover up the homicide http:nyefrank.typepad.com