Alex was attending a party at his friend's house but there was nowhere to park so he parked across the street at Bentley's house. During the party, a storm blew over a tree in Bentley's yard and it landed on Alex's car. Alex is now suing Bentley for the damages but Bentley claims that Alex did not have permission to park in her yard. What type of motion would be the best for Bentley's attorney to make in order to get the case dismissed quickly