DISTRICT OF COLUMBIA COURT OF APPEALS
WASHINGTON TIMES, INC.,
(Argued January 28, 1987 Decided February 18, 1987)
Before NEWMAN and STEADMAN, Associate Judges, and PAIR, Senior Judge.
MEMORANDUM OPINION AND JUDGMENT
Appellant on behalf of himself and others filed a pro se complaint against "Washington Times, Inc." seeking damages of $30 million for civil conspiracy and various torts. Service was attempted. A motion was filed to dismiss the complaint pursuant to Super. Ct. Civ. R. 12 (b)(5) and (6). Inter alia, the accompanying memorandum stated:
First, the named Defendant in this action is "Washington Times, Inc." No such corporation exists. The Washington Times is published by a New York corporation, News World Communications, Inc.
Appellant's opposition to the motion did not dispute this assertion. Service was again attempted. However, as stated in the reply to appellant's opposition to the motion:
Plaintiffs continue to name as Defendant the "Washington Times, Inc." As set forth in the motion to dismiss, no such entity exists. Accordingly, Plaintiffs' complaint must be dismissed.
The trial court ordered that "the Complaint against The Washington Times, Inc. be and it hereby is, dismissed in its entirety." Under the circumstances, this dismissal was sustainable under Rule 12 (b)(5). We do not reach the Rule 12 (b)(6) issues.
Accordingly, it is ORDERED and ADJUDGED that the judgment on appeal herein is affirmed.
FOR THE COURT:
/s/Alan I. Herman_______
Alan I Herman. Clerk
Honorable Joseph Michael Hannon
Clerk, Superior Court
W. Edward Morgan, Esquire
2633 16th Street, N.W.
Washington, D.C. 20009
Allen V. Farber, Esquire
1025 Thomas Jefferson Street, N.W.
Washington, D.C. 20007
Mr. Bo Hi Pak
Mr. John P. Brown
Mr. Arnaund De Borchgrzue
3600 New York Ave., N.E.