735 Ill. Comp. Stat. § 5/2-615

Section 2-615 permits judgment on the pleadings when the complaint presents only questions of law; the motion admits well-pleaded facts and challenges the pleading’s legal sufficiency.

Bulatovic v. Dobritchanin · filed 1993-04-19

A motion for judgment on the pleadings admits the truth of all well-pleaded facts in the “attacked portions” of the complaint (Weil, Freiburg & Thomas, P.C. v. Sara Lee Corp. (1991), 218 Ill. App. 3d 383, 389, 577 N.E.2d 1344, 1349) and challenges only the legal sufficiency of the pleading.

Section 2-615 permits judgment on the pleadings only when the complaint is legally insufficient and the plaintiff can prove no set of facts entitling it to relief.

Abbott-Interfast Corp. v. Harkabus · filed 1993-08-30

The grant of a motion under section 2-615 is appropriate only where plaintiff's complaint is legally insufficient such that plaintiff can prove no set of facts that would entitle it to relief.

Section 2-615(e) permits judgment on the pleadings when the pleadings, construed against the movant, present no material question of fact that would prevent judgment.

Glassberg v. Warshawsky · filed 1994-08-08(e)

The October 30, 1991, order was entered pursuant to Kritt’s motion for judgment on the pleadings, filed pursuant to section 2 — 615(e) of the Illinois Code of Civil Procedure (735 ILCS 5/2 — 615(e)). When considering a motion for judgment on the pleadings, the trial court must determine whether the pleadings, construed most favorably against the movant, present a material question of fact that may prevent entry of judgment in favor of the movant.

Section 2-615(e) permits a motion for judgment on the pleadings despite an earlier answer and a nearly two-year delay when the complaint fails to state a cause of action.

Foley v. Santa Fe Pacific Corp. · filed 1994-10-21(e)

Neither the fact that the defendant filed an answer, nor the fact that the motion was not brought until almost two years after the filing of the complaint precluded the trial court from granting the motion for judgment on the pleadings.

A section 2-615(a) motion to strike can present the same question of a complaint’s legal sufficiency as a motion for judgment on the pleadings.

Torf v. Commonwealth Edison · filed 1994-12-21(a)

In No. 2—94—0108, Edison’s motion was styled a motion to strike pursuant to section 2—615(a) of the Code of Civil Procedure (735 ILCS 5/2—615(a) (West 1992)). Under these facts, the distinction is of no practical significance. The issue in either case is the same.

Section 2-615(e) motions for judgment on the pleadings are not subject to Supreme Court Rule 191’s affidavit requirements.

Busch v. Graphic Color Corp. · filed 1995-01-05(e)

Supreme Court Rule 191 does not apply to section 2—615(e) motions for judgment on the pleadings.

Section 2-615(e) permits judgment on the pleadings when it is clearly apparent that no set of provable facts would entitle the plaintiff to relief.

Grzeszczak v. Illinois Farmers Insurance · filed 1995-11-30(e)

A cause of action should be dismissed on the pleadings only if it is clearly apparent that no set of facts can be proven which would entitle a plaintiff to relief. (Ogle v. Fuiten (1984), 102 Ill. 2d 356, 360-61.) Here, the facts are not in dispute. Thus, the issue of whether the underinsured-motorist coverage may be aggregated presents a question of law. (Bruder v. Country Mutual Insurance Co. (1993), 156 Ill. 2d 179, 185.) In this case, we find that the circuit court properly granted judgment on the pleadings in favor of Illinois Farmers.

A section 2-615(e) motion tests only defects apparent on the face of the complaint; the court cannot consider extrinsic evidence.

Romano v. Village of Glenview · filed 1995-12-19

The Park District suggests that the official Wedgewood engineering site plan filed May 31, 1983, conclusively describes the easements as containing a "detention basin” and makes references to the steepness of the swales; however, a section 2 — 615 motion attacks only defects apparent on the face of the complaint, and extrinsic evidence cannot be considered.

Section 2-615(e) allows judgment on the pleadings for a defendant when, accepting the complaint’s well-pleaded facts as true, no provable facts would entitle the plaintiff to relief.

Willecke v. Bingham · filed 1996-02-21(e)

We hold first that the court properly granted Judge Scott judgment on the pleadings. A court may grant a defendant judgment on the pleadings if, after accepting all well-pleaded facts in the complaint as true, it clearly appears that no set of facts can be proved which will entitle the plaintiff to relief.

A motion for judgment on the pleadings under section 2-615(e) may be addressed to a complaint alone, without waiting for an answer.

Pioneer Bank & Trust Co. v. Austin Bank · filed 1996-03-29(e)

The October 14, 1994, order was entered pursuant to motions for judgment on the pleadings, filed pursuant to section 2 — 615(e) of the Illinois Code of Civil Procedure (735 ILCS 5/2 — 615(e) (West 1992)). ... This court has stated that a motion for judgment on the pleadings may be addressed to a complaint alone. Mitchell v. Waddell, 189 Ill. App. 3d 179, 182, 544 N.E.2d 1261, 1263 (1989). Thus, the motions were not untimely.

Section 2-615 permits judgment on the pleadings only when the pleadings establish the parties’ rights without a genuine dispute of material fact.

Millers Mut. Ins. of Ill. v. Graham Oil Co. · filed 1996-07-09

As noted above, judgment on the pleadings is proper only if the trial court is able to determine the rights of the parties from the pleadings alone.

Section 2-615(e) allows a defendant to challenge the legal sufficiency of a complaint by moving for judgment on the pleadings, even after answering or waiting more than 21 days.

Cullotta v. Cullotta · filed 1997-03-27(e)

A motion for judgment on the pleadings brought by a defendant pursuant to section 2—615(e) of the Code of Civil Procedure (735 ILCS 5/2—615(e) (West 1994)) tests the legal sufficiency of the plaintiff’s complaint. ... As noted in Foley, the failure of a complaint to state a legally cognizable cause of action is such a fundamental defect that it may be raised at any time and cannot be waived, even by the filing of an answer. ... Consequently, the fact that she had answered count I and filed her motion more than 21 days after the filing of the second amended complaint is of no moment.

Section 2-615(e) bars judgment on the pleadings when a disputed material fact requires evidence.

Massachusetts Bay Insurance v. Unique Presort Services, Inc. · filed 1997-04-30(e)

A motion for judgment on the pleadings is brought pursuant to section 2—615(e) of the Code of Civil Procedure (735 ILCS 5/2—615(e) (West 1992)). On a motion for judgment on the pleadings, if the pleadings put in issue one or more material facts, evidence must be taken to resolve such issues, and judgment may not be entered on the pleadings. ... We find that MBI was entitled to judgment on the pleadings and that it has no duty to defend Unique Presort in the underlying action.

Section 2-615(e) permits judgment on the pleadings only when no material fact is disputed and the parties’ rights can be decided as a matter of law.

Richco Plastic Co. v. IMS CO. · filed 1997-05-23(e)

Judgment on the pleadings is only appropriate when an examination of the pleadings discloses the absence of any material issue of fact and the rights of the parties can be declared as a matter of law.

Section 2-615(e) permits judgment on the pleadings for the party entitled to it when the pleadings reveal no genuine issue of material fact, even if that party did not move for judgment.

Chicago Title and Trust Co. v. Steinitz · filed 1997-05-30(e)

We find that the pleadings did not reveal any genuine issues of material fact. Therefore, the trial court did not err in resolving the questions of law presented in this matter and granting judgment to the Sonnenschein defendants.

Section 2-615(e) permits judgment on the pleadings when the complaint, viewed in the plaintiff’s favor, cannot state a claim for relief.

Beal v. Schewe · filed 1997-08-19(e)

In reviewing a trial court’s grant of a motion for judgment on the pleadings, this court must determine whether the allegations in the complaint, when viewed in the light most favorable to the plaintiff, are sufficient to state a cause of action upon which relief may be granted.

Section 2-615(e) permits a defendant to seek judgment on the pleadings before filing an answer when the complaint fails to state a cause of action.

Mitchell v. Norman James Construction Co. · filed 1997-08-22(e)

Unlike the Federal Rules of Civil Procedure, which provide that a party may move for judgment on the pleadings after the pleadings are closed (Fed. R. Civ. P. 12(c)), section 2—615(e) of the Code contemplates the consideration of a defendant’s motion for judgment on the pleadings on a complaint only, without the defendant having first filed an answer.

When a defendant has not answered, a motion for judgment on the pleadings is treated as a section 2-615(b) motion for failure to state a cause of action.

Khan v. Serfecz · filed 1997-12-23(b)

When defendant fails to file an answer, the motion is in effect a motion pursuant to section 2 — 615(b) for failure to state a cause of action.

Section 2-615(e) permits a seasonable motion for judgment on the pleadings when the pleadings establish that no material factual issue remains.

Brown v. Zehnder · filed 1998-04-17(e)

A judgment on the pleadings depends upon the allegations of the pleadings to establish the absence of material fact, whereas summary judgment motions may rely on pleadings, depositions, exhibits, and affidavits on file.

Section 2-615(e) permits judgment on the pleadings when the complaint is legally insufficient to support relief.

John Burns Construction Co. v. Indiana Insurance · filed 1998-09-11(e)

Under section 2 — 615 of the Illinois Code of Civil Procedure, any party may move for judgment on the pleadings. 735 ILCS 5/2— 615(e) (West 1994). ... A grant of a defendant’s motion for judgment on the pleadings is appropriate only where the plaintiff’s complaint is legally insufficient such that the plaintiff can prove no set of facts that would entitle it to relief. ... Thus, we affirm the trial court’s grant of judgment on the pleadings to Indiana, though on an entirely different basis from the trial court’s ruling.

Section 2-615(e) permits judgment on the pleadings when no material fact is disputed and the moving party is entitled to judgment as a matter of law.

Pekin Insurance v. Willett · filed 1998-12-28(e)

Further, because there is no material issue of fact and the plaintiffs are entitled to judgment as a matter of law, the trial court erred by denying the plaintiffs motion for judgment on the pleadings.

Section 2-615(e) permits judgment on the pleadings when the pleadings show no genuine issue of material fact and the movant is entitled to judgment as a matter of law.

Employers Insurance v. Ehlco Liquidating Trust · filed 1999-01-22(e)

This is an action for declaratory relief (see 735 ILCS 5/2 — 701 (West 1992)) in which the circuit court granted Ehlco’s motions for judgment on the pleadings (see 735 ILCS 5/2 — 615(e) (West 1994)). ... Judgment on the pleadings is proper “[i]f the admissions in the pleadings disclose that there is no genuine issue of material fact and that the movant is entitled to judgment as a matter of law.” 3 R. Michael, Illinois Practice § 27.2, at 494 (1989), citing Baker-Wendell, Inc. v. Edward M. Cohon & Associates, Ltd., 100 Ill. App. 3d 924, 927 (1981).

Section 2-615 permits judgment on the pleadings when they disclose no material factual dispute and the parties’ rights can be decided as a matter of law.

Hankins v. Pekin Insurance Co. Motion to Publish Granted - July 14, 1999 · filed 1999-05-18

A judgment on the pleadings is only appropriate when an examination of the pleadings discloses the absence of any material fact and the rights of the parties can be declared as a matter of law.

Section 2-615(e) permits judgment on the pleadings when the pleadings show no genuine issue of material fact and the movant is entitled to judgment as a matter of law.

Employers Insurance of Wausau v. Ehlco Liquidating Trust · filed 1999-01-22(e)

Judgment on the pleadings is proper“[i]f the admissions in the pleadings disclose that there is no genuine issue of material fact and that the movant is entitled to judgment as a matter of law.” ... Our analysis is confined to the pleadings that were before the circuit court when it ruled on the motions.

Section 2-615(e) permits judgment on the pleadings when the pleadings raise no material factual issue requiring evidence.

Continental Casualty Co. v. Cuda · filed 1999-07-12(e)

According to the Illinois Code of Civil Procedure, “[a]ny party may seasonably move for judgment on the pleadings.” 735 ILCS 5/2— 615(e) (West 1998). ... “[I]f the pleadings put in issue one or more material facts, evidence must be taken to resolve such issues” and judgment may not be entered on the pleadings. ... There was no need for additional discovery to determine whether defendant should have been alerted that he was being sued in his capacity as an attorney.

Section 2-615 allows judgment on the pleadings when the pleadings show no material factual dispute and the parties’ rights can be decided as a matter of law.

Hankins v. Pekin Insurance · filed 1999-07-14

A judgment on the pleadings is only appropriate when an examination of the pleadings discloses the absence of any material fact and the rights of the parties can be declared as a matter of law.

Section 2-615(e) permits judgment on the pleadings when the pleadings show no genuine issue of material fact and the movant is entitled to judgment as a matter of law.

Hartford Ins. Co. of Illinois v. Kelly · filed 1999-12-14(e)

Thus, judgment on the pleadings is proper “ ‘[i]f the admissions in the pleadings disclose that there is no genuine issue of material fact and that the movant is entitled to judgment as a matter of law.’ ” Employers Insurance, 186 Ill. 2d at 138, 708 N.E.2d at 1129, quoting 3 R. Michael, Illinois Practice § 27.2, at 494 (1989).

Section 2-615(e) permits judgment on the pleadings when the pleadings show no genuine issue of material fact and the movant is entitled to judgment as a matter of law.

Rohe Ex Rel. Rohe v. CNA Ins. Co. · filed 2000-02-08(e)

As such, judgment on the pleadings is proper “ ‘[i]f the admissions in the pleadings disclose that there is no genuine issue of material fact and that the movant is entitled to judgment as a matter of law.’ ” Employers Insurance, 186 Ill. 2d at 138, 708 N.E.2d at 1129, quoting 3 R Michael, Illinois Practice § 27.2, at 494 (1989).

Section 2-615(e) permits a seasonable motion for judgment on the pleadings; judgment is proper only when the pleadings present no issue of material fact and a party is entitled to judgment as a matter of law.

M.A.K. v. Rush-Presbyterian-St. Luke's Medical Center · filed 2000-10-11(e)

According to the Illinois Code of Civil Procedure, “[a]ny party may seasonably move for judgment on the pleadings.” 735 ILCS 5/2— 615(e) (West 1998). When considering such a motion, the court is to discern whether there is any issue of material fact presented by the pleadings and, if not, which party is entitled to a judgment as a matter of law.

Section 2-615(e) permits a seasonable motion for judgment on the pleadings; the court determines whether the pleadings present a material factual issue and, if not, which party is entitled to judgment as a matter of law.

M.A.K. v. Rush-Presbyterian St. Luke's Medical Center Modification of July 18, 2000, opinion · filed 2000-10-11(e)

When considering such a motion, the court is to discern whether there is any issue of material fact presented by the pleadings, and if not, which party is entitled to a judgment as a matter of law.

Section 2-615(e) permits judgment on the pleadings when they present no material issue of fact and the dispute can be resolved as a matter of law.

Board of Trustees of University of Illinois v. City of Chicago · filed 2000-11-20(e)

The motion requires the trial court to examine the pleadings and determine whether there is an issue of fact or whether the controversy can be resolved as a matter of law.

Section 2-615(e) permits judgment on the pleadings only when no material factual dispute exists and the case can be resolved as a matter of law.

XLP CORP. v. County of Lake · filed 2000-12-20(e)

In deciding a section 2 — 615 motion for judgment on the pleadings (735 ILCS 5/2 — 615(e) (West 1998)), the trial court must examine all pleadings on file, taking as true the well-pleaded facts set forth in the opposing party’s pleadings and the reasonable inferences to be drawn therefrom (Tim Thompson, Inc. v. Village of Hinsdale, 247 Ill. App. 3d 863, 890 (1993)) and determine whether a material factual dispute exists or whether the controversy can be resolved strictly as a matter of law (TDC Development Corp. v. First Federal Savings & Loan Ass’n, 204 Ill. App. 3d 170, 173 (1990)).

Section 2-615(e) requires a court deciding a motion for judgment on the pleadings to accept the opposing party’s well-pleaded facts and reasonable inferences, then determine whether a material factual dispute remains or the case can be resolved as a matter of law.

Schaffner v. 514 West Grant Place Condominium Ass'n · filed 2001-08-29(e)

In deciding a section 2 — 615 motion for judgment on the pleadings (735 ILCS 5/2 — 615(e) (West 1998)), the trial court must examine all pleadings on file, taking as true the well-pleaded facts set forth in the opposing party’s pleadings and the reasonable inferences to be drawn therefrom, and determine whether a material factual dispute exists or whether the controversy can be resolved strictly as a matter of law.

On a motion for judgment on the pleadings, the court may consider only facts apparent from the pleadings, matters subject to judicial notice, and judicial admissions in the record, while accepting well-pleaded facts and reasonable inferences as true.

M.A.K. v. Rush-Presbyterian-St. Luke's Medical Center · filed 2001-12-20(e)

In ruling on a motion for judgment on the pleadings, only those facts apparent from the face of the pleadings, matters subject to judicial notice, and judicial admissions in the record may be considered. All well-pleaded facts and all reasonable inferences from those facts are taken as true.

Section 2-615(e) permits judgment on the pleadings when they present no material issue of fact and judgment is proper as a matter of law.

Pekin Insurance v. Allstate Insurance · filed 2002-03-29(e)

This matter arose from the granting of Allstate’s motion for judgment on the pleadings pursuant to the Code of Civil Procedure (735 ILCS 5/2—615(e) (West 1992)). ... On appeal, the reviewing court must ascertain whether the trial court correctly determined that the pleadings presented no issue of material fact and, if there was no such issue, whether the court correctly entered the judgment.

Section 2-615(e) permits judgment on the pleadings when they present no issue of material fact and the controversy can be resolved as a matter of law.

Pekin Insurance Co. v. Allstate Insurance Co. · filed 2002-03-29(e)

This matter arose from the granting of Allstate's motion for judgment on the pleadings pursuant to the Code of Civil Procedure (735 ILCS 5/2-615(e) (West 1992)). ... The motion requires the trial court to examine the pleadings and determine whether there is an issue of fact or whether the controversy can be resolved as a matter of law.

A motion for judgment on the pleadings under subsection (e) concedes the truth of well-pled facts in the opposing party’s pleadings.

McCall v. Devine · filed 2002-08-30(e)

When a party moves for judgment on the pleadings pursuant to section 2 — 615(e) of the Code of Civil Procedure (the Code) (735 ILCS 5/2 — 615(e) (West 1994)), it concedes the truth of the well-pled facts in the respondent’s pleadings.

Section 2-615(e) permits judgment on the pleadings; in assessing sufficiency, the court disregards conclusions unsupported by specific facts.

In Re Harris · filed 2002-11-26(e)

Section 2-615(e) allows any party to move for judgment on the pleadings. ... Moreover, in determining the sufficiency of any claim, the court will disregard any conclusions that are not supported by allegations of specific facts. ... Our de novo review of the amended petition reveals that many if not most of the allegations contain conclusions unsupported by specific facts. Therefore, we affirm the decision of the trial court.

Section 2-615(e) allows any party to move for judgment on the pleadings to test whether the pleadings establish an entitlement to relief.

E.H. v. Devine · filed 2002-11-26(e)

Section 2 — 615(e) allows any party to move for judgment on the pleadings. 735 ILCS 5/2 — 615(e) (West 1998). The purpose of a motion for judgment on the pleadings is to test the sufficiency of the pleadings by determining whether the petitioner is entitled to the relief sought.

Section 2-615(e) motions test the legal sufficiency of the pleadings rather than raise affirmative defenses, but mislabeling a motion may be harmless when the defense appears on the complaint’s face and the plaintiff can respond.

Murcia v. Textron, Inc. · filed 2003-05-14(e)

Consequently, the defense is appropriately raised by a motion for involuntary dismissal brought pursuant to section 2 — 619(a)(9) of the Code (735 ILCS 5/2 — 619(a)(9) (West 1996)), not by means of a motion for judgment on the pleadings pursuant to section 2 — 615(e) as was done by Callen in this case. ... Because both a section 2 — 615 motion and a section 2 — 619 motion admit the truth of the allegations in the complaint under attack (Anderson v. Anchor Organization for Health Maintenance, 274 Ill. App. 3d 1001, 1012, 654 N.E.2d 675 (1995)) and because the plaintiff was able to address the substance of Callen’s arguments in response to its motion, we find that the plaintiff was not prejudiced by Callen’s mislabeling of the motion.

Section 2-615(e) permits judgment on the pleadings when no genuine issue of material fact exists and the movant is entitled to judgment as a matter of law.

H&M Commercial Driver Leasing, Inc. v. Fox Valley Containers, Inc. · filed 2004-02-20(e)

Judgment on the pleadings is properly entered in instances where no genuine issue of material fact exists and the movant is entitled to judgment as a matter of law.

Section 2-615(e) permits judgment on the pleadings when no genuine issue of material fact exists and the movant is entitled to judgment as a matter of law.

H&M Commerical Driver Leasing, Inc. v. Fox Valley Containers, Inc. · filed 2004-02-20(e)

Judgment on the pleadings is properly entered in instances where no genuine issue of material fact exists and the movant is entitled to judgment as a matter of law. M.A.K. v. Rush-Presbyterian-St. Luke’s Medical Center, 198 Ill. 2d 249, 255 (2001). Only those facts apparent from the face of the pleadings, matters subject to judicial notice, and judicial admissions in the record may be considered. Moreover all well-pleaded facts and all reasonable inferences from those facts are taken as true. M.A.K., 198 Ill. 2d at 255. On appeal, the reviewing court must determine whether any issues of material fact exist and, if not, whether the movant was, in fact, entitled to judgment as a matter of law. M.A.K., 198 Ill. 2d at 255. The standard of review is de novo. M.A.K., 198 Ill. 2d at 255.

Section 2-615(e) permits judgment on the pleadings when the pleadings show no genuine issue of material fact and the movant is entitled to judgment as a matter of law.

Westfield National Insurance v. Long · filed 2004-06-10(e)

A motion for judgment on the pleadings under section 2 — 615(e) of the Code of Civil Procedure (735 ILCS 5/2 — 615(e) (West 2000)) is like a motion for summary judgment is limited to the pleadings. ... Judgment on the pleadings is proper if the admissions in the pleadings disclose that there is no genuine issue of material fact and that the movant is entitled to judgment as a matter of law.

A section 2-615 motion permits dismissal only when the parties’ rights can be determined solely from the pleadings.

Johnson v. Matrix Financial Services Corp. · filed 2004-12-09

Dismissal pursuant to a section 2—615 motion is proper only where the court can determine the relative rights of the parties solely from the pleadings.

A motion for judgment on the pleadings under section 2-615(e) is generally made after the issues are settled by the pleadings.

Andrews v. Powell · filed 2006-05-05(e)

The trial court properly denied Andrews’s motion for recount on the pleadings. In violation of Supreme Court Rule 341(e)(7) (Official Reports Advance Sheet No. 21 (October 17, 2001), R. 341(e)(7), eff. October 1, 2001), Andrews fails to cite any authority for the proposition that his motion for recount on the pleadings under section 23 — 23.2 should be treated any differently than any other motion for judgment on the pleadings (735 ILCS 5/2 — 615(e) (West 2004)). The court based its decision on the fact that the motion was premature, given that the sufficiency of the motion had yet to be established. A motion for judgment on the pleadings generally is made after the issues are settled by the pleadings.

Section 2-615(e) permits judgment on the pleadings only when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

Farmers Automobile Insurance Assoc v. Kraemer · filed 2006-07-12(e)

"Judgment on the pleadings is proper only where no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law."

Section 2-615(e) permits judgment on the pleadings when no genuine issue of material fact exists and the movant is entitled to judgment as a matter of law.

Intersport, Inc. v. National Collegiate Athletic Ass'n · filed 2008-03-26(e)

We must initially note that Intersport’s “motion for the entry of judgment” was, in essence, a motion for judgment on the pleadings because the facts contained therein were not in dispute, the issue to be decided was a matter of law, and Intersport did not file a motion for summary judgment. ... Section 2 — 615(e) of the Code of Civil Procedure (735 ILCS 5/2 — 615(e) (West 2006)) provides that “[a]ny party may seasonably move for judgment on the pleadings.” Judgment on the pleadings is proper where the pleadings disclose no genuine issue of material fact and the movant is entitled to judgment as a matter of law.

Section 2-615(e) permits a timely motion for judgment on the pleadings when the pleadings show no genuine issue of material fact and the movant is entitled to judgment as a matter of law.

Intersport, Inc. v. National Cooegiate Athletic Association · filed 2008-03-26(e)

Section 2-615(e) of the Code of Civil Procedure (735 ILCS 5/2-615(e) (West 2006)) provides that “[a]ny party may seasonably move for judgment on the pleadings.” Judgment on the pleadings is proper where the pleadings disclose no genuine issue of material fact and the movant is entitled to judgment as a matter of law.

Section 2-615 treats a motion for judgment on the pleadings like a summary judgment motion confined to the pleadings.

United Stationers Supply Co. v. Zurich American Insurance · filed 2008-09-30

A motion for judgment on the pleadings is similar to a summary judgment motion limited to the pleadings.

Section 2-615(e) does not permit judgment on the pleadings when genuine issues of material fact remain.

Pekin Insurance v. Wilson · filed 2009-06-08(e)

From the record in the case at bar, we discern several factual issues: whether Wilson was using reasonable force to protect himself, whether he owns D&J Tarp Service, whether that business is a warehouse, and whether the incident at that location arose out of Wilson’s ownership, maintenance, or use of that business. Pekin has failed to show that its policy does not cover the underlying lawsuit, and accordingly, the trial court erred by granting Pekin’s motion for a judgment on the pleadings.

Section 5/2-615(e) permits judgment on the pleadings only when there is no genuine issue of material fact.

CMK DEVELOPMENT v. West Bend Mut. Ins. Co. · filed 2009-10-30(e)

This appeal comes to us on a grant of summary judgment (735 ILCS 5/2-1005(c) (West 2008)) and a grant of judgment on the pleadings (735 ILCS 5/2-615(e) (West 2008) ("Any party may seasonably move for judgment on the pleadings.")). ... Like summary judgment, judgment on the pleadings can only be granted if there is no genuine issue of material fact.

Section 2-615(e) permits judgment on the pleadings only when there is no genuine issue of material fact.

CMK Development Corp. v. West Bend Mutual Insurance · filed 2009-10-30(e)

Like summary judgment, judgment on the pleadings can only be granted if there is no genuine issue of material fact.

Section 2-615(e) permits judgment on the pleadings when the pleadings show no genuine issue of material fact and the movant is entitled to judgment as a matter of law.

Lebron v. Gottlieb Memorial Hospital · filed 2010-02-04(e)

This case comes to us following the grant of plaintiffs' motion for judgment on the pleadings. See 735 ILCS 5/2-615(e) (West 2008). ... Judgment on the pleadings is proper if the pleadings disclose no genuine issue of material fact and that the movant is entitled to judgment as a matter of law.

Section 2-615(e) permits judgment on the pleadings when the pleadings show no genuine issue of material fact and the movant is entitled to judgment as a matter of law.

James McHugh Construction Co. v. Zurich American Insurance · filed 2010-04-13(e)

A section 2 — 615(e) judgment on the pleadings is proper where the pleadings disclose no genuine issue of material fact and the movant is entitled to judgment as a matter of law.

Section 2-615(e) requires a court deciding a motion for judgment on the pleadings to consider relevant pleadings, including an insured’s counterclaim when it bears on the insurer’s duty to defend.

Pekin Insurance v. Wilson · filed 2010-05-20(e)

In addition to the necessity under section 2 — 615(e) for the trial court to have examined the allegations in Wilson’s counterclaim, we find that here, unlike National Union Fire Insurance Co. and L.J. Dodd Construction, Inc., there were “unusual or compelling circumstances” requiring the trial court to go beyond the sole allegations of the underlying complaint to determine the insured’s duty to defend.

Section 2-615(e) requires a court deciding a motion for judgment on the pleadings to consider relevant pleadings and grant judgment only when they show no genuine issue of material fact and entitlement to judgment as a matter of law.

Pekin Insurance Company v. Wilson · filed 2010-05-20(e)

Thus, Wilson’s counterclaim, as part of the pleadings in the underlying lawsuit for which Pekin asked the court’s determination of its duty to defend and provide coverage, must be considered in deciding the motion for judgment on the pleadings.

Section 2-615(a) tests whether a complaint is legally sufficient on its face; subsection (e) permits judgment on the pleadings when no genuine issue of material fact remains and the movant is entitled to judgment as a matter of law.

Bennett v. Chicago Title and Trust Co. · filed 2010-09-03

A motion to dismiss brought under section 2 — 615(a) of the Code (735 ILCS 5/2 — 615(a) (West 2008)) challenges the legal sufficiency of the complaint by showing defects on its face. Young v. Bryco Arms, 213 Ill. 2d 433, 440 (2004). A motion for judgment on the pleadings brought under section 2 — 615(e) of the Code (735 ILCS 5/2 — 615(e) (West 2008)) is proper where the pleadings disclose no genuine issue of material fact and that the movant is entitled to judgment as a matter of law.

Section 2-615(e) allows a court to decide a motion for judgment on the pleadings without a response by examining whether the pleadings raise a material question of fact about the claim.

Parkway Bank and Trust Co. v. Meseljevic · filed 2010-12-07(e)

A response to a motion for judgment on the pleadings is not necessary to a court’s disposition of the motion. The sole issue raised by a section 2 — 615(e) motion is whether the complaint or counterclaim, when read in light of the respondent’s answer, raises material questions of fact as to the existence of a cause of action.

A judgment on the pleadings under section 2-615(e) is reviewed de novo.

Nationwide Mut. Fire v. T&N Master Builder · filed 2011-10-25(e)

As this appeal comes to us following a grant of a motion for judgment on the pleadings (735 ILCS 5/2-615(e) (West 2008)), review is de novo.

Section 2-615(e) permits judgment on the pleadings when they present no material factual issue and the movant is entitled to judgment.

Nationwide Mutual Fire Insurance Company v. T and N Master Builder and Revovators · filed 2011-10-25(e)

As this appeal comes to us following a grant of a motion for judgment on the pleadings (735 ILCS 5/2-615(e) (West 2008)), review is de novo. ... We must determine whether there is an issue of material fact presented by the pleadings. Pioneer, 279 Ill. App. 3d at 13. If no such issue is presented, then we determine whether the movant is entitled to judgment.

Section 2-615(e) requires a party seeking judgment on the pleadings to accept the well-pleaded facts in the opposing party’s pleadings as true.

Tool Works v. Commerce and Industry Ins. · filed 2011-12-12(e)

A party moving for a section 2-615(e) judgment on the pleadings concedes the truth of the well-pled facts in the respondent's pleadings.

A party moving for judgment on the pleadings under section 2-615(e) concedes the truth of the well-pleaded facts in the opposing party’s pleadings.

Illinois Tool Works v. Commerce and Industry Insurance Company · filed 2011-12-12(e)

A party moving for a section 2-615(e) judgment on the pleadings concedes the truth of the well-pled facts in the respondent’s pleadings.

Section 2-615(e) permits judgment on the pleadings when the complaint does not state a claim against the defendant.

Hess v. Loyd · filed 2012-01-17(e)

The circuit court did not err in entering a judgment on the pleadings in favor of the Loyds on all counts of the complaint and did not err in denying Mr. Hess, through his attorney Mr. Carr, leave to amend the complaint, as the proposed amendment merely added defendants and in no way cured the defects in the pleadings against the Loyds.

Section 2-615(e) permits judgment on the pleadings only when it is clearly apparent that no set of facts could entitle the plaintiff to recovery.

Clarke v. Community Unit School District 303 · filed 2012-06-20(e)

The grant of a section 2-615(e) motion for judgment on the pleadings is proper only if it is clearly apparent that no set of facts can be proven that would entitle the plaintiff to recovery.

Section 2-615(e) permits judgment on the pleadings when the pleadings show no genuine issue of material fact and the movant is entitled to judgment as a matter of law.

Rico Industries, Inc. v. TLC Group, Inc. · filed 2014-02-07(e)

A trial court properly grants a motion for judgment on the pleadings, pursuant to section 2-615(e), "if the pleadings on file disclose no genuine issues of material fact so that the movant is entitled to judgment as a matter of law."

A party moving for judgment on the pleadings under subsection (e) concedes the truth of the well-pleaded facts in the opposing party’s pleadings.

Allstate Property & Casualty Insurance Company v. Trujillo · filed 2014-05-01(e)

A party moving for a section 2-615(e) judgment on the pleadings concedes the truth of the well-pleaded facts in the nonmovant’s pleadings.

Section 2-615(e) permits judgment on the pleadings when the pleadings present no factual issue and the controversy can be resolved as a matter of law.

The John T. Doyle Trust v. Country Mutual Insurance · filed 2014-05-20(e)

A motion for judgment on the pleadings requires the trial court to examine the pleadings so as to determine whether there is an issue of fact or, conversely, whether the controversy can be resolved as a matter of law.

Section 2-615(e) permits judgment on the pleadings when the pleadings show no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

BLTREJV3 Chicago, LLC v. Kane County Board of Review · filed 2014-10-22(e)

Judgment on the pleadings is proper when the pleadings disclose no genuine issue of material fact and the moving party is entitled to judgment as a matter of law; although this motion is similar to a motion for summary judgment, it is limited to the pleadings.

Section 2-615(e) permits judgment on the pleadings when the pleadings show no genuine issue of material fact and the moving party is entitled to judgment.

Continental Casualty Company v. Midstates Reinsurance Corporation · filed 2014-12-16(e)

Judgment on the pleadings is similar to summary judgment in that judgment is proper where there is no genuine issue of material fact and the moving party is entitled to judgment; however, it is limited to the pleadings.

Section 2-615(e) permits judgment on the pleadings when the pleadings show no genuine issue of material fact and the moving party is entitled to judgment.

Continental Casualty Company v. Midstates Reinsurance Corporation · filed 2015-02-05(e)

Plaintiff argues on appeal that the trial court erred in granting defendant judgment on pleadings pursuant to section 2-615(e) of the Code of Civil Procedure. 735 ILCS 5/2-615(e) (West 2010). Judgment on the pleadings is similar to summary judgment in that judgment is proper where there is no genuine issue of material fact and the moving party is entitled to judgment; however, it is limited to the pleadings.

Section 2-615(e) permits judgment on the pleadings only when the pleadings show no genuine issue of material fact and the movant is entitled to judgment as a matter of law.

Indian Harbor Insurance Company v. The City of Waukegan · filed 2015-03-06(e)

Judgment on the pleadings is properly granted only if the pleadings disclose that there is no genuine issue of material fact and that the movant is entitled to judgment as a matter of law.

Section 2-615(e) permits judgment on the pleadings only when the pleadings show no genuine issue of material fact and the movant is entitled to judgment as a matter of law.

Indian Harbor Insurance Co. v. City of Waukegan · filed 2015-07-21(e)

Judgment on the pleadings is properly granted only if the pleadings disclose that there is no genuine issue of material fact and that the movant is entitled to judgment as a matter of law.

Section 2-615(e) permits a party to move for judgment on the pleadings when the pleadings show no genuine issue of material fact and the movant is entitled to judgment as a matter of law.

Doctors Direct Insurance, Inc. v. Bochenek · filed 2015-08-03(e)

According to section 2-615(e) of the Code, "[a]ny party may seasonably move for judgment on the pleadings." 735 ILCS 5/2-615(e) (West 2012). Judgment on the pleadings is proper "where the pleadings disclose no genuine issue of material fact and that the movant is entitled to judgment as a matter of law." Gillen v. State Farm Mutual Automobile Insurance Co., 215 Ill. 2d 381, 385 (2005).

Section 2-615(e) permits judgment on the pleadings when no genuine issue of material fact exists and the movant is entitled to judgment as a matter of law.

Doctors Direct Insurance, Inc. v. Bochenek · filed 2015-09-24(e)

According to section 2-615(e) of the Code, “[a]ny party may seasonably move for judgment on the pleadings.” 735 ILCS 5/2-615(e) (West 2012). Judgment on the pleadings is proper “where the pleadings disclose no genuine issue of material fact and that the movant is entitled to judgment as a matter of law.” Gillen v. State Farm Mutual Automobile Insurance Co., 215 Ill. 2d 381, 385 (2005).

Section 2-615(e) permits a seasonable motion for judgment on the pleadings when no material facts are disputed and the movant is entitled to judgment as a matter of law.

BMO Harris Bank N.A. v. Towers · filed 2015-10-23(e)

“Any party may seasonably move for judgment on the pleadings.” 735 ILCS 5/2-615(e) (West 2012). ... Therefore, the Bank’s motion for judgment on the pleadings was correctly granted. There were no material facts in dispute and the Bank was entitled to judgment as a matter of law.

Section 2-615(e) permits judgment on the pleadings when no material fact is in dispute and the movant is entitled to judgment as a matter of law.

BMO Harris Bank N.A. v. Towers · filed 2015-12-28(e)

Therefore, the Bank’s motion for judgment on the pleadings was correctly granted. There were no material facts in dispute and the Bank was entitled to judgment as a matter of law.

Section 2-615(e) permits judgment on the pleadings only when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

Hooker v. Illinois State Board of Elections · filed 2016-08-25(e)

Judgment on the pleadings is proper only where no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

Section 2-615(e) permits judgment on the pleadings only when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

Hooker v. Illinois State Board of Elections · filed 2016-09-20(e)

Judgment on the pleadings is proper only where no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

Section 2-615(e) permits judgment on the pleadings when no genuine issue of material fact exists and the movant is entitled to judgment as a matter of law.

Mulvey v. Carl Sandburg High School · filed 2016-10-28(e)

A court properly enters a judgment on the pleadings when no genuine issue of material fact exists and the movant is entitled to judgment as a matter of law.

Section 2-615(e) permits judgment on the pleadings only when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

Hooker v. Illinois State Board of Elections · filed 2016-12-01(e)

Judgment on the pleadings is proper only where no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

Section 2-615 requires a court to decide whether the pleadings raise a factual issue or the dispute can be resolved as a matter of law.

Vivify Construction, LLC v. Nautilus Insurance Co. · filed 2018-03-28

The court must determine whether the pleadings present a factual issue or whether the dispute can be resolved as a legal matter.

A motion for judgment on the pleadings under section 2-615(e) accepts the opposing party’s well-pleaded facts as true.

People v. Agpawa · filed 2018-03-30(e)

A motion for judgment on the pleadings pursuant to section 2-615(e) of the Code of Civil Procedure (Code) (735 ILCS 5/2-615(e) (West 2016)) “concedes the truth of the well-pleaded facts in the nonmovant’s pleadings.”

Section 2-615(e) permits any party to move for judgment on the pleadings.

Illinois State Bar Association Mutual Insurance Company v. Leighton Legal Group, LLC · filed 2018-05-22(e)

Any party may move for judgment on the pleadings pursuant to section 2-615(e) ... of the Code of Civil Procedure. ... For the reasons stated, we reverse the trial court’s judgment and enter judgment in favor of ISBA on its motion for judgment on the pleadings.

Section 2-615(e) permits judgment on the pleadings when the pleadings show no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Illinois State Bar Assoc. Mutual Insurance Co. v. Leighton Legal Group, LLC · filed 2018-07-26(e)

Any party may move for judgment on the pleadings pursuant to section 2-615(e) of the Code of Civil Procedure. 735 ILCS 5/2-615(e) (West 2016). Judgment on the pleadings is proper when the pleadings disclose no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. ... For the reasons stated, we reverse the trial court’s judgment and enter judgment in favor of ISBA on its motion for judgment on the pleadings.

Section 2-615(e) permits judgment on the pleadings when no genuine issue of material fact exists and the movant is entitled to judgment as a matter of law.

Southwest Disabilities Services and Support v. ProAssurance Specialty Insurance Co. · filed 2018-07-27(e)

A court properly enters a judgment on the pleadings when no genuine issue of material fact exists and the movant is entitled to judgment as a matter of law.

Section 5/2-615(e) permits a seasonable motion for judgment on the pleadings, which is proper only when the pleadings disclose no genuine issue of material fact.

Munroe-Diamond v. Munroe · filed 2019-01-03(e)

“Any party may seasonably move for judgment on the pleadings.” 735 ILCS 5/2-615(e). ... Judgment on the pleadings is only proper where “the pleadings disclose no genuine issue of material fact.” ... As a question of fact exists as to whether the Sisters had a proper purpose for their inspection demand, judgment on the pleadings in the Sisters’ favor was error.

Section 2-615(e) permits a party to move for judgment on the pleadings, but judgment is improper when the pleadings raise a genuine issue of material fact.

Munroe-Diamond v. Munroe · filed 2019-01-22(e)

“Any party may seasonably move for judgment on the pleadings.” 735 ILCS 5/2-615(e). ... Judgment on the pleadings is only proper where “the pleadings disclose no genuine issue of material fact.” ... As a question of fact exists as to whether the Sisters had a proper purpose for their inspection demand, judgment on the pleadings in the Sisters’ favor was error.

Section 2-615(e) permits a timely motion for judgment on the pleadings, but judgment is improper when the pleadings raise a genuine issue of material fact.

Munroe-Diamond v. Munroe · filed 2019-01-23(e)

“Any party may seasonably move for judgment on the pleadings.” 735 ILCS 5/2-615(e). ... Judgment on the pleadings is only proper where “the pleadings disclose no genuine issue of material fact.” Gillen, 215 Ill. 2d at 385. ... As a question of fact exists as to whether the Sisters had a proper purpose for their inspection demand, judgment on the pleadings in the Sisters’ favor was error.

Section 2-615(e) allows judgment on the pleadings when the pleadings show no genuine issue of material fact and the movant is entitled to judgment as a matter of law.

Better Gov't Ass'n v. Office of Special Prosecutor (In Re Appointment of Special Prosecutor) · filed 2019-01-25(e)

A motion for judgment on the pleadings, as provided by section 2-615(e) of the Code of Civil Procedure (735 ILCS 5/2-615(e) (West 2014)), is essentially a motion for summary judgment that is limited to the pleadings. ... Judgment on the pleadings is proper when the pleadings disclose no genuine issue of material fact and the movant is entitled to judgment as a matter of law.

Section 2-615(e) permits judgment on the pleadings when no genuine issue of material fact exists and the movant is entitled to judgment as a matter of law.

Southwest Disabilities Services & Support v. ProAssurance Specialty Insurance Co. · filed 2019-02-25(e)

A court properly enters a judgment on the pleadings when no genuine issue of material fact exists and the movant is entitled to judgment as a matter of law. ... The circuit court properly granted ProAssurance’s motion for judgment on the pleadings and denied plaintiff’s motion for judgment on the pleadings.

Section 2-615 does not permit dismissal of a complaint based on facts alleged only in the defendants’ pleadings.

Boucher v. 111 East Chestnut Condominium Ass'n · filed 2019-02-25

The facts stated in paragraphs 68 through 74 of the dissent, all alleged in defendants’ pleadings, not plaintiff’s, provide grounds for granting summary judgment in favor of the defendants. Those facts cannot justify dismissal of count I under section 2-615 of the Code of Civil Procedure (735 ILCS 5/2-615 (West 2012)).

Section 2-615(e) allows judgment on the pleadings only when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Core Construction Services of Illinois Inc. v. Zurich American Insurance Co. · filed 2019-04-12(e)

Defendants were not entitled to judgment as a matter of law because the allegations in the underlying complaint must be read within the context of the immunity provided by the Workers’ Compensation Act.

Section 2-615(e) permits judgment on the pleadings only when the pleadings present no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Core Construction Services of Illinois, Inc. v. Zurich American Insurance Co. · filed 2019-07-02(e)

Judgment on the pleadings is proper when (1) the pleadings disclose no genuine issue of material fact and (2) the moving party is entitled to judgment as a matter of law. ... Defendants were not entitled to judgment as a matter of law because the allegations in the underlying complaint must be read within the context of the immunity provided by the Act.

Section 2-615(e) provides for a judgment-on-the-pleadings motion that is confined to the pleadings.

In re Appointment of Special Prosecutor · filed 2019-09-04(e)

A motion for judgment on the pleadings, as provided by section 2-615(e) of the Code of Civil Procedure (735 ILCS 5/2-615(e) (West 2014)), is essentially a motion for summary judgment that is limited to the pleadings.

Section 2-615(e) permits judgment on the pleadings when no genuine issue of material fact exists and the movant is entitled to judgment as a matter of law.

Liberty Mutual Fire Insurance Co. v. Ferrara Candy Co. · filed 2019-12-11(e)

A court properly enters a judgment on the pleadings when no genuine issue of material fact exists and the movant is entitled to judgment as a matter of law.

Section 2-615(e) permits judgment on the pleadings when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

Hess v. Estate of TJay Klamm · filed 2020-01-24(e)

Either a judgment on the pleadings or summary judgment is proper when there are no genuine issues of material fact and the moving party is entitled to judgment as a matter of law.

Section 2-615(e) permits judgment on the pleadings when the pleadings show no genuine issue of material fact and the movant is entitled to judgment as a matter of law.

Next Energy, LLC v. Department of Natural Resources · filed 2020-04-21(e)

This appeal comes before this court on the trial court’s grant of a judgment on the pleadings in favor of the Department pursuant to section 2-615(e) of the Code (735 ILCS 5/2-615(e) (West 2016)). ... A judgment on the pleadings is proper only where the pleadings disclose that there is no genuine issue of material fact and that the movant is entitled to judgment as a matter of law.

Section 2-615(e) permits judgment on the pleadings when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law.

I-57 & Curtis, LLC v. Urbana & Champaign Sanitary District · filed 2020-08-26(e)

After answering the first amended complaint, defendants moved for a judgment on the pleadings. See 735 ILCS 5/2-615(e) (West 2018). ... In our review, we find no genuine issue of material fact, and we conclude that defendants are entitled to a judgment as a matter of law.

Section 2-615(e) does not permit judgment on the pleadings when a material fact is in dispute.

Strowmatt v. Sentry Insurance · filed 2020-10-22(e)

If the pleadings put into issue one or more material facts, then evidence must be taken to resolve those issues, and judgment may not be entered on the pleadings. ... Because we find that there was some question of fact as to whether Bradley was included as an insured under Kent’s insurance policy with Viking Insurance, we conclude that the trial court erred in granting judgment on the pleadings in favor of Viking Insurance.

Section 2-615(e) permits a seasonable motion for judgment on the pleadings; judgment is proper only when the pleadings show no genuine issue of material fact and the movant is entitled to judgment as a matter of law.

In re Estate of McDonald · filed 2021-02-01(e)

Section 2-615(e) of the Code of Civil Procedure (Code) (735 ILCS 5/2-615(e) (West 2016)) provides that “[a]ny party may seasonably move for judgment on the pleadings.” A motion for judgment on the pleadings is like a motion for summary judgment but is limited to the pleadings. Perry v. Fidelity National Title Insurance Co., 2015 IL App (2d) 150168, ¶ 9. Thus, a judgment on the pleadings is proper only when the pleadings disclose no genuine issue of material fact and the movant is entitled to judgment as a matter of law.

Section 2-615(e) allows judgment on the pleadings when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law; review is de novo.

Hess v. Estate of Klamm · filed 2021-02-04(e)

Either a judgment on the pleadings or summary judgment is proper when there are no genuine issues of material fact and the moving party is entitled to judgment as a matter of law. Hooker v. Illinois State Board of Elections, 2016 IL 121077, ¶ 21; Seymour v. Collins, 2015 IL 118432, ¶ 42. The applicable standard of review for both types of motions is de novo.

Section 2-615(e) permits judgment on the pleadings when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law.

I-57 & Curtis, LLC v. Urbana & Champaign Sanitary District · filed 2021-03-12(e)

In our review, we find no genuine issue of material fact, and we conclude that defendants are entitled to a judgment as a matter of law.

Section 2-615(e) does not permit judgment on the pleadings when the pleadings present a genuine issue of material fact.

RLI Insurance Co. v. Thomas Engineering Group, LLC · filed 2021-08-26(e)

Here, judgment on the pleadings in RLI’s declaratory judgment action was improper because genuine issues of material fact exist concerning whether the professional services exclusions apply to bar coverage.

Section 2-615(e) permits judgment on the pleadings when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

Shrock v. Union National Bank · filed 2021-12-01(e)

Judgment on the pleadings is proper when there are no genuine issues of material fact and the moving party is entitled to judgment as a matter of law.

Section 2-615(e) permits judgment on the pleadings when the pleadings show no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Farmers Insurance Exchange v. Cheekati · filed 2021-12-28(e)

“Judgment on the pleadings is proper when the pleadings disclose no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.” Illinois State Bar Ass’n Mutual Insurance Co. v. Leighton Legal Group, LLC, 2018 IL App (4th) 170548, ¶ 33, 103 N.E.3d 1087.

On a section 2-615(e) motion for judgment on the pleadings, the court may consider the pleadings and their attachments, judicial admissions in the record, and matters subject to judicial notice.

Farmers Insurance Exchange v. Cheekati · filed 2022-02-07(e)

When presented with a section 2-615(e) motion, “the trial court can only consider the facts apparent from the face of the pleadings, attachments to the pleadings, judicial admissions in the record, and matters subject to judicial notice.” Illinois State Bar Ass’n Mutual Insurance Co., 2018 IL App (4th) 170548, ¶ 33.

Section 2-615(e) permits judgment on the pleadings when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law.

West Coast Servicing, Inc v. Richards · filed 2022-06-29(e)

A motion for judgment on the pleadings brought under section 2-615(e) of the Code is proper where the pleadings disclose no genuine issue of material fact and that the movant is entitled to judgment as a matter of law. ... Because OSF’s claim is barred by Michigan law, the trial court properly granted State Farm’s section 2-615(e) motion for judgment as a matter of law.

Section 2-615(e) permits judgment on the pleadings when the pleadings show no genuine issue of material fact and the movant is entitled to judgment as a matter of law.

Thompson Fine Art, Ltd v. Union League Club of Chicago · filed 2022-05-12(e)

Section 2-615 of the Code (735 ILCS 5/2-615(e) (West 2020)), provides that “[a]ny party may seasonably move for judgment on the pleadings.” “Judgment on the pleadings is proper if the pleadings disclose no genuine issue of material fact and that the movant is entitled to judgment as a matter of law.”

Section 2-615(e) permits judgment on the pleadings when no genuine issue of material fact exists and the movant is entitled to judgment as a matter of law.

State and 9 Street Corporation v. Society Insurance · filed 2022-06-30(e)

A court properly enters a judgment on the pleadings when no genuine issue of material fact exists and the movant is entitled to judgment as a matter of law.

Section 2-615(e) permits judgment on the pleadings only when the pleadings show no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Endicott v. Utica Mutual Insurance Company · filed 2022-07-19(e)

Judgment on the pleadings should be granted only if the allegations and admissions contained in the pleadings reveal that there are no genuine issues of material fact and that the moving party is entitled to judgment as a matter of law.

Under subsection (e), a party seeking judgment on the pleadings admits the opposing party’s well-pleaded facts, and judgment is improper when a genuine issue of material fact remains.

Dart v. Denham · filed 2022-08-02(e)

A party moving for a section 2-615(e) judgment on the pleadings concedes the truth of the well-pleaded facts in the plaintiff’s pleadings. ... In the present case, construing the pleadings in the light most favorable to the plaintiff, and taking into consideration Howard’s admission, it is apparent that the circuit court erred in granting Nicole’s motion for judgment on the pleadings.

Section 2-615(e) permits any party to seek judgment on the pleadings when the pleadings show no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Scanlon v. Ignite, Org. · filed 2022-09-16(e)

A judgment on the pleadings, which any party may seek pursuant to section 2-615(e) of the Code, is proper when the pleadings disclose no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Section 2-615 does not permit judgment on the pleadings when a genuine issue of material fact remains.

Fidelity And Deposit Company of Maryland v. Peoples National Bank, N.A. · filed 2022-10-24

Therefore, the court erred in failing to consider said factors and, thus, judgment on the pleadings was inappropriate.

Section 2-615(e) permits judgment on the pleadings when the pleadings show no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Oak Park Prosthodontics, Ltd. v. Twin City Fire Insurance Co. · filed 2023-03-22(e)

When the pleadings disclose no genuine issue of material fact and the moving party is entitled to judgment as a matter of law, the motion is properly granted. ... The pleadings showed no genuine issue of material fact, and Twin City was entitled to judgment as a matter of law.

Section 2-615(e) permits judgment on the pleadings when the pleadings disclose no genuine issue of material fact and the movant is entitled to judgment as a matter of law.

Professional Solutions Insurance Co. v. Karuparthy · filed 2023-05-30(e)

“Thus, judgment on the pleadings is proper ‘ “[i]f the admissions in the pleadings disclose that there is no genuine issue of material fact and that the movant is entitled to judgment as a matter of law.” ’ ”

Section 2-615(e) permits judgment on the pleadings only when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

Continental Casualty Co. v. 401 North Wabash Venture, LLC · filed 2023-08-30(e)

Judgment on the pleadings is appropriate only where there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Section 2-615(e) permits judgment on the pleadings when the pleadings show no genuine issue of material fact and the movant is entitled to judgment as a matter of law.

Sanner v. The Warranty Group, Inc. · filed 2023-12-08(e)

A motion for judgment on the pleadings brought under section 2-615(e) of the Civil Practice Law ((735 ILCS 5/2-615(e) (West 2022)) is proper where the pleadings disclose no genuine issue of material fact and the movant is entitled to judgment as a matter of law. ... Therefore, Defendants’ alleged “joint venture” ... with CarMax is entirely irrelevant here, and the trial court’s grant of judgment on the pleadings to Defendants was proper.

Section 2-615(e) permits judgment on the pleadings based on facts apparent from the pleadings, judicial admissions, and matters subject to judicial notice.

National Fire Insurance Co. of Hartford v. Visual Pak Co. · filed 2023-12-19(e)

A motion for judgment on the pleadings, for all practical purposes, is akin to a motion for summary judgment limited to the pleadings. In re Appointment of Special Prosecutor, 2019 IL 122949, ¶ 52; see 735 ILCS 5/2-615(e) (West 2020). The court considers only those facts apparent from the face of the pleadings, along with judicial admissions and matters subject to judicial notice.

Section 2-615(e) allows judgment on the pleadings when the pleadings establish entitlement to relief as a matter of law; a court may deny the motion after allowing a late answer that draws no objection.

In re Adoption of M.C. · filed 2024-07-31(e)

As such, we find that the circuit court did not error in its denial of the Bryants’ motion for judgment on the pleadings where DCFS inadvertently failed to file an answer before trial; DCFS subsequently filed an answer as allowed by the circuit court; and the Bryants failed to object to the filing of the answer by DCFS.

Section 2-615(e) permits judgment on the pleadings when the pleadings show no genuine issue of material fact and the movant is entitled to judgment as a matter of law.

Ohio Security Insurance Co. v. Wexford Home Corp. · filed 2024-12-02(e)

A motion for judgment on the pleadings is “essentially a motion for summary judgment that is limited to the pleadings.” In re Appointment of Special Prosecutor, 2019 IL 122949, ¶ 52 (citing Lebron v. Gottlieb Memorial Hospital, 237 Ill. 2d 217, 227 (2010)); see also 735 ILCS 5/2-615(e) (West 2020). Judgment on the pleadings is proper when the pleadings disclose no genuine issue of material fact, and the movant is entitled to judgment as a matter of law.

A denial precludes judgment on the pleadings only if it raises an issue of material fact; a dispute over the legal question of coverage does not.

Arch Insurance Co. v. PCH Management Alpha, LLC · filed 2024-12-09(e)

It is well settled that a ... denial of an allegation in an answer or an affirmative defense will preclude judgment on the pleadings only when the denial raises issues of material fact. ... PCH’s denial did not raise an issue of material fact, however, as it simply disputed whether there was coverage under the policy and relevant law.

A defendant’s motion for judgment on the pleadings filed before an answer is treated as a motion to dismiss for failure to state a claim.

Urban v. ITI Intermodal, Inc. · filed 2025-03-19(e)

Section 2-615(e) of the Code of Civil Procedure provides that any party may “seasonably” move for judgment on the pleadings. 735 ILCS 5/2-615(e) (West 2022). ... When, as here, a defendant moves for judgment on the pleadings before answering the complaint, the motion is the functional equivalent of a motion to dismiss for failure to state a claim.

Section 2-615(e) permits judgment on the pleadings when they reveal no genuine issue of material fact and the movant is entitled to judgment as a matter of law.

Fuel Performance Solutions, Inc. v. Estate of Carr · filed 2025-04-22(e)

Any party may move for a judgment on the pleadings. 735 ILCS 5/2-615(e) (West 2020). A judgment on the pleadings is similar to a motion for summary judgment but limited to pleadings, and a judgment on the pleadings is proper where the pleadings disclose no genuine issue of material fact and the movant is entitled to judgment as a matter of law. ... Where the language within the pleadings demonstrates that FPS assigned its claim against the Estate to the assignees, there remains no genuine issue of material fact and the circuit court’s granting of the Estate’s motion for judgment on the pleadings is affirmed.

Section 2-615(e) permits judgment on the pleadings only when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

Zhao v. State Farm Fire & Casualty Co. · filed 2025-05-12(e)

Judgment on the pleadings is proper only where there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Section 2-615(e) permits judgment on the pleadings when the pleadings show no genuine issue of material fact and the movant is entitled to judgment as a matter of law.

Villa Financial Services, LLC v. Underwriters at Lloyd's of London · filed 2025-11-24(e)

Judgment on the pleadings is proper where the pleadings disclose no genuine issue of material fact and that the movant is entitled to judgment as a matter of law. Gillen, 215 Ill. 2d at 385. The pleadings here reveal that only a question of law exists—whether ... plaintiff is entitled to coverage for its claim under the insurance policy issued by defendant.

Section 2-615(e) permits judgment on the pleadings when no genuine issue of material fact exists and the movant is entitled to judgment as a matter of law.

Dale v. Shelton · filed 2026-02-13(e)

Under section 2-615(e) of the Code, “[a]ny party may seasonably move for judgment on the pleadings.” 735 ILCS 5/2-615(e) (West 2020). Judgment on the pleadings is proper if there are no genuine issues of material fact and the movant is entitled to judgment as a matter of law. ... Therefore, the court did not err in granting Ms. Dale’s motion for judgment on the pleadings and terminating Ms. Shelton’s life estate interest in the condo.

Section 2-615(e) permits judgment on the pleadings when the pleadings disclose no genuine issue of material fact and the movant is entitled to judgment as a matter of law.

Watson v. Sullivan · filed 2026-06-16(e)

A motion for judgment on the pleadings pursuant to section 2-615(e) of the Code of Civil Procedure (Code) (735 ILCS 5/2-615(e) (West 2022)) is limited to the pleadings, and is properly granted “if the pleadings disclose no genuine issue of material fact and that the movant is entitled to judgment as a matter of law.” Pekin Insurance Co. v. Wilson, 237 Ill. 2d 446, 455 (2010). ... In summary, the plaintiff has not established the existence of any genuine issues of material fact, and her legal malpractice claim was barred by the statutes of limitations and repose.

Section 2-615(e) permits judgment on the pleadings when the pleadings show no genuine issue of material fact and the movant is entitled to judgment as a matter of law.

Stonegate Insurance v. Premier Property Team · filed 2026-06-26(e)

“Judgment on the pleadings is proper where the pleadings disclose no genuine issue of material fact and that the movant is entitled to judgment as a matter of law. [Citations.] In ruling on a motion for judgment on the pleadings, the court will consider only those facts apparent from the face of the pleadings, matters subject to judicial notice, and judicial admissions in the record.” Gillen, 215 Ill. 2d at 385; 735 ILCS 5/2-615(e) (West 2024). ... Here, there was no genuine issue of material fact because the pleadings showed that defendants did not provide notice until more than 18 months after they obtained a judgment against plaintiff’s insured, over three years after they initially filed suit.

Section 2-615(e) allows judgment on the pleadings to determine a UIM setoff before damages are fixed when the accident involves a single tortfeasor.

Westfield Insurance Co. v. Lagro · filed 2023-10-13(e)

“Any party may seasonably move for judgment on the pleadings.” 735 ILCS 5/2–615(e) (West 2020). ... The trial court’s order granting Lagro’s motion and determining the amount of the setoff was proper because Lagro is seeking UIM coverage for an accident involving a single tortfeasor.

On a section 2-615 dismissal, the court assumes the complaint’s factual allegations are true even when the defendant disputes them.

Gilchrist v. Snyder · filed 2004-07-23

Because we are reviewing a section 2 — 615 dismissal, we must assume plaintiff made the request, although defendant disputes this fact.

On a motion to dismiss under section 2-615, courts must take all well-pleaded facts as true.

Cook v. Board of Education of Eldorado Community Unit School District No. 4 · filed 2004-11-05

In ruling on a motion to dismiss pursuant to section 2-615, courts are to take all well-pleaded facts as true. ... Under either standard, the plaintiff's complaint should not have been dismissed.

A section 2-615 motion admits well-pleaded facts, but a defendant does not improperly deny an allegation by using a description that does not contradict it.

Salte v. YMCA of Metropolitan Chicago Foundation · filed 2004-08-02

Given that a section 2-615 motion admits as true all well-pleaded facts (see Green, 344 Ill.App.3d at 1084, 280 Ill.Dec. 263, 801 N.E.2d 1208), plaintiffs argue that defendant's motion was based on a disputed factual issue and that, therefore, the court erred in granting the motion. We disagree. The characterization of something as "sophisticated" does not necessarily contradict the characterization of something as "inexpensive and easy to use." Therefore, defendant's use of the term was not a denial of plaintiffs' allegation and, thus, was not improper.

On a section 2-615 motion to dismiss, the allegations in the complaint are taken as true.

Leveyfilm, Inc. v. Cosmopolitan Bank & Trust · filed 1995-07-14

Because the circuit court dismissed counts I and II under section 2-615 of the Code of Civil Procedure (735 ILCS 5/2-615 (West 1992)), the allegations in the complaint are taken as true.

A section 2-615 motion accepts the complaint’s well-pleaded allegations as true when testing whether it states a claim.

Anderson v. Anchor Organization for Health Maintenance · filed 1995-08-24

However, a motion pursuant to either section 2 — 615 or 2 — 619 concedes the truth of all well-pled allegations in the complaint under attack.

On a section 2-615 motion to dismiss, the court takes factually sufficient allegations in the complaint as true.

Knapp v. Hill · filed 1995-11-03

Because the circuit court granted the motion to dismiss pursuant to section 2 — 615 of the Illinois Code of Civil Procedure (735 ILCS 5/2 — 615 (West 1992)), the factually sufficient allegations in the complaint are taken as true.

On a section 2-615 motion, the court takes well-pleaded facts as true and asks whether the allegations, read in the claimant’s favor, state a cause of action.

First Bank of Roscoe v. Rinaldi · filed 1994-05-26

It is axiomatic that when the legal sufficiency of all or part of a complaint (or counterclaim) is challenged by a section 2 — 615 motion to dismiss (735 ILCS 5/2 — 615 (West 1992)), all well-pleaded facts in the challenged section are to be taken as true, and a reviewing court must determine whether the allegations of the complaint, when interpreted in the light most favorable to the plaintiff (or counter-plaintiff), are sufficient to set forth a cause of action upon which relief may be granted.

A section 2-615 motion to dismiss admits the facts alleged in the complaint and all reasonable inferences drawn from them.

Weinberger v. Bell Federal Savings & Loan Ass'n · filed 1994-05-06

The trial court held no fact hearing as to the parties' intent and merely granted Bell Savings and Loan's motion to dismiss pursuant to section 2-615 of Illinois Civil Practice Act. (Ill.Rev.Stat.1991, ch. 110, par. 2-615.) Such a motion admits not only the facts alleged in a complaint, but all reasonable inferences that can be drawn therefrom.

Section 2-615 requires a court to accept well-pleaded facts as true when deciding a motion to dismiss.

Sisk v. Williamson County · filed 1994-04-13

A motion to dismiss under section 2-615 admits all well-pleaded facts in the complaint for purposes of the motion.

Section 2-615 requires a court reviewing dismissal to view the alleged facts in the plaintiffs’ favor and decide whether they state a cause of action.

Moore v. Lumpkin · filed 1994-02-10

In reviewing a dismissal pursuant to a section 2 — 615 motion by defendants, the question is whether the facts alleged, when viewed in the light most favorable to the plaintiffs, adequately state a cause of action.

Section 2-615 requires a court reviewing a dismissal for failure to state a claim to accept well-pleaded facts and reasonable inferences as true.

Bzdek v. Townsley · filed 1994-05-16

In reviewing a dismissal for failure to state a cause of action, we must accept as true all well-pleaded facts in the complaint and all reasonable inferences which can be drawn from the well-pleaded facts to determine whether the complaint alleges sufficient facts to establish a cause of action upon which relief may be granted.

On a section 2-615 motion, the court accepts well-pleaded facts as true, draws inferences for the nonmovant, and requires specific factual allegations supporting each element of the claim.

Schuler v. Abbott Laboratories · filed 1993-10-14

In considering a section 2 — 615 motion, all well-pied facts in a complaint are taken as true with all inferences drawn in favor of the nonmovant. (Geick v. Kay (1992), 236 Ill. App. 3d 868, 603 N.E.2d 121.) A complaint fails to state a cause of action if it does not contain allegations of each fact that must be proved to sustain a judgment for the plaintiff. (Madonna v. Giacobbe (1989), 190 Ill. App. 3d 859, 546 N.E.2d 1145.) The complaint may not rest on factual conclusions not supported by allegations of specific facts.

A section 2-615 motion challenging a petition to vacate a judgment admits its well-pleaded facts and tests only its legal sufficiency.

La Rabida Children's Hospital & Research Center v. Harrison · filed 1994-05-06

Plaintiff brought a motion to dismiss under section 2 — 615 of the Elinois Code of Civil Procedure (735 ILCS 5/2—615 (West 1992)), asserting that the petition was legally insufficient. Such a motion does not challenge the factual sufficiency of a petition for relief under section 2 — 1401. (In re Marriage of Reines (1989), 184 Ill. App. 3d 392, 404, 540 N.E.2d 394.) Thus, the motion admits all well-pled facts and attacks only the legal sufficiency of the petition.

On a section 2 — 615 motion, a court accepts well-pleaded facts as true, reads the allegations in the plaintiff’s favor, and decides whether they state a cause of action.

Perfection Carpet, Inc. v. State Farm Fire & Casualty Co. · filed 1994-02-23

For purposes of a section 2 — 615 motion to dismiss, a reviewing court must accept as true all well-pleaded facts in the complaint, interpret the allegations in the light most favorable to the plaintiff and determine whether the allegations are sufficient to set forth a cause of action upon which relief may be granted.

Section 2—615 tests a complaint’s legal sufficiency, taking its well-pleaded facts as true.

T & S SIGNS, INC. v. Village of Wadsworth · filed 1994-05-10

When the legal sufficiency of a complaint is challenged by a section 2—615 motion to dismiss, all well-pleaded facts alleged in the complaint are taken as true.

Section 2-615 requires a court deciding whether a complaint states a cause of action to accept well-pleaded facts and reasonable inferences as true.

Chicago Title & Trust Co. v. Sisters of St. Mary · filed 1994-06-22

We find that plaintiffs’ count II satisfies the justifiable reliance component so as to withstand defendant’s section 2 — 615 motion to dismiss. In count 'll of their complaint, plaintiffs alleged that Sam Williams particularly selected defendant instead of another hospital because he believed that his minor son would receive good medical care from the doctors at defendant. When considering a motion to dismiss for failure to state a cause of action, all well-pleaded facts and all reasonable inferences which can be fairly drawn from the facts alleged must be considered as true.

On a section 2-615 motion, the court accepts well-pleaded facts and reasonable inferences as true and dismisses only if no set of facts could entitle the plaintiff to relief.

Johnson v. George J. Ball, Inc. · filed 1993-08-09

In ruling on a section 2 — 615 motion to dismiss (735 ILCS 5/2— 615 (West 1992)), the court must accept as true all well-pleaded facts and all reasonable inferences which can be drawn therefrom. ... Plaintiff’s allegations of a breach of contract and of fraud were sufficient to survive a motion to dismiss.

A section 2-615 motion admits all well-pleaded facts and reasonable inferences drawn from them.

Culver v. Velcor · filed 1993-07-15

A motion brought under section 2—615 of the Code (Ill. Rev. Stat. 1989, ch. 110, par. 2—615 (now 735 ILCS 5/2—615 (West 1992))) admits all well-pleaded facts and reasonable inferences drawn therefrom.

Section 2-615 tests the legal sufficiency of a complaint based on its face, accepting well-pleaded facts and reasonable inferences as true.

Tim Thompson, Inc. v. Village of Hinsdale · filed 1993-07-15

It is well established that the court must accept as true all well-pleaded facts in the complaint and all reasonable inferences which can be drawn therefrom. (Kolegas v. Heftel Broadcasting Corp. (1992), 154 Ill. 2d 1, 9.) A section 2 — 615 motion attacks the legal sufficiency of a complaint.

Section 2-615 requires a court ruling on a motion to dismiss for failure to state a cause of action to accept well-pleaded facts and reasonable inferences as true.

Giammanco v. Giammanco · filed 1993-12-20

In ruling on a motion to dismiss pursuant to section 2 — 615 of the Code of Civil Procedure (735 ILCS 5/2 — 615 (West 1992)), the court must accept as true all well-pleaded facts and all reasonable inferences which can be drawn therefrom.

Section 2-615 requires courts to accept well pleaded facts as true and dismiss a claim only when no set of provable facts would entitle the plaintiff to recover.

Doe v. Surgicare of Joliet, Inc. · filed 1994-08-25

In considering a motion to dismiss, the trial court must accept as true all well pleaded facts in the portion of the complaint being attacked. A trial court should grant a motion to dismiss a cause of action only when "it is clearly apparent that no set of facts can be proven which will entitle a plaintiff to recover."