My question involves court procedures for Federal Court (9th Circuit)
Can one pursue an interlocutory appeal against a court Order (which was denied reconsideration without explanation) that denies a Motion to Dismiss counterclaims which do not meet any legal standards?
Here's the situation. Person A sues Person B. Person B fabricates a set of counterclaims which don't meet the elemental requirements in any capacity. Person A files a Motion to Dismiss (MTD) these counterclaims. Judge ignores and denies the MTD with no explanation and also denies the motion for reconsideration. Now Person A is subject to invasive and improper discovery related to claims which do not meet the legal standard (i.e. Person A shouldn't be subject to trial for Person B's claims).
My understanding is the courts use Fed.R.Civ.P 54(b) to justify the validity of an Interlocutory Appeal; the question is how does one argue the pursuit of false claims ordered by a judge who doesn't follow the law warrants consideration by the appeal process?