Filing # 99909771 E-Filed 12/06/2019 11:07:57 AM IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CA FLORIDA HOLDINGS, LLC, Publisher of the PALM BEACH POST, Plaintiff, v. CASE NO.: 19-CA-014681 DAVE ARONBERG, as State Attorney of Palm Beach County, Florida; SHARON It BOCK, as Clerk and Comptroller of Palm Beach County, Florida. 4164' Defendants. C.) MOTION TO DISMISS Defendant, DAVE ARONBERG, as State Attorney(4 c a, i through the undersigned counsel, hereby files this Motio l it.iNlice each County, Florida, by and Plaintiffs Complaint for failure to state a cause of action, and in support thereof states: MOITON T . It t. , i STANDARD When confronted with a motion,to dismiss; the Court must determine whether the Complaint as phrased within its four corners suffidiently states a cause of action, whereby relief can be granted. Fox v. Professional Wrecker Operations 801 So. 2d 175, 178 (Fla. 5th DCA 2001). A motion to dismiss tests whether the plaintiff has sta a cause of action. The test for a motion to dismiss under Florida Rule of Civil Procedure 1 ether the pleader could prove any set of facts as alleged in the Complaint to support his o Ha is m. $..tv., Connolly v. Sebeco. Inc 89 So. 2d 482, 484 (Fla. 1956). Wasua Ins. Co. v 2d 1123 (Fla. 4th DCA 1996). In rder to meet this test, "a complaint must allege sufficient ultimate facts to show that a pleader is entitled to relief." W.R. Townsend Contr. Inc v. Jensen Civ. Constr.. Inc. 728 So. 2d 297, 300 (Fla. 1st DCA 1999) (quoting IM v. Cosgrove, 464 So. 2d 664, 665 (Fla. 2d DCA 1985); Fla. R. Civ. P. 1.110(b)). The court need not accept internally inconsistent factual claims, conclusory allegations, unwanuited deductions, or mere legal conclusions made by a party. 14. (citing Response Oncology. Inc. FILED: PALM BEACH COUNTY. FL. SHARON R BOCK. CLERK. 12/06/2019 11:07:57 AM EFTA02732511