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Issue: Under Illinois law, when considering a motion to dismiss under 2-615 of the Procedure Code, what guidance is afforded a trial court?
| Area of Law: | Litigation Practice & Procedure, Litigation Practice and Procedure |
| Keywords: | ; Motion to Dismiss; Procedure Code; § 2-615; Complaint |
| Jurisdiction: | Illinois |
| Cited Cases: | 806 N.E.2d 632; 917 N.E.2d 450; 960 N.E.2d 18; 926 N.E.2d 877; 920 N.E.2d 220 |
| Cited Statutes: | None |
| Date: | 03/01/2016 |
A motion to dismiss under section 2-615 of the Procedure Code challenges only the legal sufficiency of the complaint. Pickel v. Springfield Stallions, Inc., 398 Ill.App.3d 1063, 1066, 926 N.E.2d 877, 881 (2010). In ruling on a section 2-615 motion to dismiss, "the question is ‘whether the allegations of the complaint, when construed in the light most favorable to the plaintiff, are sufficient to establish a cause of action upon which relief may be granted.’" Green v. Rogers, 234 Ill.2d 478, 491, 917 N.E.2d 450, 458-59 (2009) (quoting Vitro v. Mihelcic, 209 Ill.2d 76, 81, 806 N.E.2d 632, 634 (2004)).
The trial court should not grant the motion to dismiss "unless it is clearly apparent that no set of facts can be proved that would entitle the plaintiff to relief." Tedrick v. Community Resource Center, Inc., 235 Ill.2d 155, 161, 920 N.E.2d 220, 223 (2009).
On appeal, a court will review a dismissal pursuant to section 2-615 de novo. Thurman v. Champaign Park District, 2011 IL App. (4th) 101024, ¶ 7, 960 N.E.2d 18.
Cebertowicz. v. Baldwin, No. 4-15-0289, 2016.IL.0000237 (Feb. 4, 2016) (VersusLaw).
Date: March 1, 2016
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