735 Ill. Comp. Stat. § 5/2-615

Section 2-615 permits dismissal only when the pleaded facts, taken as true, cannot support any set of facts entitling the pleader to relief.

McClure v. Sennstrom · filed 1994-11-14

Taking as true the well-pleaded facts in plaintiffs’ count III, as we must (Harris Trust, 145 Ill. 2d at 172), it does not clearly appear that no set of facts could be proved which would entitle plaintiffs to relief. Accordingly, defendants’ section 2 — 615 motion to dismiss count III should have been denied.

On a section 2-615 motion, the court accepts well-pleaded facts and reasonable inferences as true when deciding whether the complaint states a claim.

Anderson v. Vanden Dorpel · filed 1995-01-18

In ruling on a section 2 — 615 motion, all well-pleaded facts and all reasonable inferences are accepted as true.

Section 2-615 permits dismissal only when the pleaded facts could not state a cause of action; the court accepts well-pleaded facts and permissible inferences as true.

MacKinac v. Arcadia National Life Insurance · filed 1995-03-09

In considering a motion to dismiss, this court accepts as true all well-pleaded facts and inferences permissible from those facts. ... Dismissal is proper only where no set of facts as pleaded by plaintiff could possibly state a cause of action.

Section 2-615 requires a court considering a motion to dismiss to accept well-pleaded allegations as true.

Mt. Zion State Bank & Trust v. Consolidated Communications, Inc. · filed 1994-09-12

An examination of the complaint, whose well-pled allegations we are required to accept as true for purposes of considering defendant's section 2-615 motion to dismiss ( Fancil v. Q.S.E. Foods, Inc. (1975), 60 Ill.2d 552, 554, 328 N.E.2d 538, 539; 735 ILCS 5/2-615 (West 1992)), reveals that plaintiff, a six-year-old child, was enabled to overcome the protective barrier of the Van Hooser's fence because defendant placed its pedestal immediately adjacent to the fence.

On review of a dismissal under section 2-615, the complaint’s factual allegations are taken as true.

Prentice v. UDC Advisory Services, Inc. · filed 1995-02-17

Because the trial court dismissed each of the counts in question pursuant to section 2 — 615 of the Code of Civil Procedure (735 ILCS 5/2 — 615 (West 1992)), the factual allegations in the complaint are taken as true.

On a section 2-615 motion, the court takes well-pleaded allegations and reasonable inferences from them as true when deciding whether the complaint states a claim.

Friedman v. Krupp Corp. · filed 1996-06-28

These allegations, which were included in the complaint without objection, must for purposes of a section 2 — 615 motion be taken as true along with the reasonable inferences that may be drawn from them.

A section 2-615 motion admits well-pleaded facts as true, but not unsupported factual conclusions or conclusions of law.

Grant v. Board of Trustees of Valley View School District No. 365-U · filed 1997-02-14

A section 2-615 motion admits all well-pleaded facts as true, but not conclusions of law or factual conclusions which are unsupported by allegations of specific facts.

On review of a section 2-615 dismissal, courts take well-pleaded facts as true and draw reasonable inferences in the pleader’s favor.

Welsh v. Commonwealth Edison Co. · filed 1999-06-17

In reviewing a dismissal under section 2-615 of the Code, we must take all well-pleaded facts in the complaint as true and draw all reasonable inferences from those facts which are favorable to the pleader.

On a section 2-615 motion, facts pleaded in support of standing are taken as true.

CGE Ford Heights, L.L.C. v. Miller · filed 1999-08-04

The facts pled in support of standing are taken as true for purposes of section 2 — 615 and section 2 — 619 motions.

On a section 2-615 motion, facts pleaded in support of standing are taken as true.

C. G. E. Ford Heights, LLC v. Miller Modification of June 9, 1999 · filed 1999-08-04

The facts pled in support of standing are taken as true for purposes of section 2-615 and section 2-619 motions.

On a section 2-615 motion to dismiss, the court accepts the complaint’s well-pleaded facts and all reasonable inferences from them as true.

Adams County Sheriff Robert Nall v. International Ass'n of Machinists & Aerospace Workers · filed 1999-11-04(a)

In ruling on a section 2 — 615 motion to dismiss, the court accepts as true the complaint’s well-pleaded facts and all reasonable inferences drawn therefrom.

On a motion to dismiss under section 2-615, courts take well-pleaded facts as true and draw reasonable inferences in the plaintiff’s favor.

Kelly v. Sears Roebuck and Co. · filed 1999-11-05

In reviewing a motion to dismiss under section 2 — 615, all well-pleaded facts are taken as true and all reasonable inferences from those facts are drawn in favor of the plaintiff.

Section 2-615 requires a court reviewing dismissal of a complaint to accept its factual allegations as true.

Fisher v. Lexington Health Care, Inc. · filed 1999-12-16

This case comes to us from the circuit court's dismissal of the plaintiffs' complaint pursuant to section 2-615 of the Code of Civil Procedure (735 ILCS 5/2-615 (West 1996)). The following factual allegations, taken from the plaintiffs' complaint, must therefore be accepted as true for purposes of this appeal.

On a section 2-615 motion, the court presumes well-pleaded allegations are true and draws reasonable inferences in the plaintiff’s favor.

People Ex Rel. Ryan v. McFalls · filed 2000-04-27

Due to the procedural posture of this case, we must presume the veracity of all well-pleaded allegations of the State's complaint and construe all reasonable inferences therefrom in favor of the State.

Section 2-615 requires a court deciding a motion to dismiss to accept well-pleaded facts as true and read the pleadings and supporting documents in the nonmoving party's favor.

Jones v. O'Brien Tire & Battery Service Center, Inc. Rule 23 Order filed Apr. 27, 2001 Motion to publish granted June 7, · filed 2001-06-07

When ruling on a motion to dismiss pursuant to section 2-615, the trial court must accept all well-pleaded facts as true and interpret all pleadings and supporting documents in a light most favorable to the nonmoving party.

When reviewing a dismissal under section 2-615(a), courts accept well-pleaded facts and reasonable inferences from those facts as true.

Bea v. Bethany Home, Inc. · filed 2002-08-14(a)

Because plaintiff is appealing from the dismissal of his complaint for failure to state a cause of action pursuant to section 2-615(a) of the Code of Civil Procedure (735 ILCS 5/2-615(a) (West 2000)), we accept as true all well-pleaded facts in the complaint and all reasonable inferences which can be drawn from those facts.

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

Tomm's Redemption, Inc. v. Park · filed 2002-09-18

When a party files a section 2 — 615 motion challenging a petition for relief under section 2 — 1401, the motion admits all well-pled facts and attacks only the legal sufficiency of the petition.

On a section 2-615 motion to dismiss, the court accepts well-pleaded facts and reasonable inferences as true and considers the pleading and its attached exhibits.

Collins v. Superior Air-Ground Ambulance Service, Inc. · filed 2003-04-29

When reviewing a section 2 — 615 motion to dismiss, we take as true all well-pled facts and reasonable inferences therefrom and consider only those facts in the pleading and included in the attached exhibits.

On a section 2-615 motion, courts accept well-pleaded facts and reasonable inferences as true and may decide the predominant purpose of a mixed goods and services transaction at the pleading stage.

Brandt v. Boston Scientific Corp. · filed 2003-06-05

In reviewing a motion to dismiss under section 2 — 615, we accept as true all well-pleaded facts and reasonable inferences therefrom. ... We agree that the predominant purpose test can be applied at this stage of the proceedings.

On a section 2-615 motion to dismiss a complaint seeking an injunction, the court accepts well-pleaded facts as true but does not resolve every inference in the plaintiff’s favor.

Hadley v. DOC · filed 2005-12-13

Therefore, when reviewing the dismissal of a complaint for an injunction on the ground of legal insufficiency, we take the well-pleaded facts as true, but we do not resolve all inferences in the plaintiff's favor as we would do in other cases ( e.g. , Feltmeier v. Feltmeier , 207 Ill. 2d 263, 267, 798 N.E.2d 75, 79 (2003)).

On a section 2-615 motion, the court accepts well-pleaded facts and reasonable inferences from the complaint as true.

White v. DaimlerChrysler Corp. · filed 2006-09-26

In reviewing a section 2-615 motion, we take as true all well-pleaded facts in the complaint and any reasonable inferences that may be drawn from it.

Section 2-615 tests the legal sufficiency of a complaint, and review is limited to the complaint and its attachments.

Seith v. Chicago Sun-Times, Inc. · filed 2007-01-12

We note that a motion to dismiss filed pursuant to section 2 — 615 attacks the legal sufficiency of a plaintiffs complaint. ... Our analysis is thus limited only to those facts and allegations contained within the complaint and its attachments.

Section 2-615 requires a court deciding a motion to dismiss to accept all well-pleaded factual allegations as true.

Morris v. Illinois Central Railroad Company · filed 2008-05-19

When resolving motions to dismiss under either section 2-615 or section 2-619, a trial court is required to accept as true all well-pled factual allegations.

On a motion to dismiss under section 2-615, courts take well-pleaded facts as true and draw inferences in favor of the nonmovant.

In Re Application of Cty. Treasurer and Ex-Officio Cty. Collector · filed 2008-11-25

All well-pleaded facts must be taken as true and any inferences drawn should be drawn in favor of the nonmovant, regardless of whether the motion to dismiss was brought under section 2-615 or 2-619 of the Code of Civil Procedure (735 ILCS 5/2-615, 2-619 (West 2006)).

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

Westlake Financial Group, Inc. v. CDH-Delnor Health System · filed 2015-03-05

In ruling on a section 2-615 motion, a court must accept as true all well-pleaded facts in the complaint as well as all reasonable inferences.

Section 2-615 requires a court deciding a motion to dismiss to accept well-pled facts and reasonable inferences as true.

Caulfield v. The Packer Group, Inc. · filed 2016-06-24

In ruling on a section 2-615 motion, the circuit court must accept as true all well-pled facts in the complaint and all reasonable inferences therefrom.

Section 2-615 requires courts to accept well-pled facts and reasonable inferences as true when deciding whether a complaint states a claim.

Caulfield v. The Packer Group, Inc. · filed 2016-08-29

In ruling on a section 2-615 motion, the circuit court must accept as true all well-pled facts in the complaint and all reasonable inferences therefrom.

On a section 2-615 motion, the court accepts well-pleaded facts as true and draws reasonable inferences for the nonmoving party.

Bianchi v. McQueen · filed 2016-09-14

When ruling on a section 2-615 or section 2-619 motion, a court must accept all well-pleaded facts as true and accord all reasonable inferences to the nonmoving party.

Section 2-615 requires courts to accept well-pleaded facts and reasonable inferences as true, but not legal conclusions or factual conclusions unsupported by specific facts.

In re Marriage of O'Hare · filed 2017-08-07

Simply put, Stradt failed to allege any specific facts supporting his motion but, instead, alleged various conclusory statements that the trial court was free to accept or reject. We conclude that the trial court did not err by declining to accept as true the conclusory allegations set forth in Stradt’s motion.

On a section 2-615 motion to dismiss, the court accepts well-pleaded facts as true and draws reasonable inferences in the plaintiff’s favor.

Ray v. Beussink & Hickam, P.C. · filed 2018-10-26

In ruling upon a motion to dismiss filed pursuant to section 2-615 or 2-619 of the Code of Civil Procedure (735 ILCS 5/2-615, 2-619 (West 2014)), the court must accept all well-pleaded facts in the complaint as true and draw reasonable inferences from those facts that are favorable to the plaintiff.

When reviewing a section 2-615 motion to dismiss, a court accepts the complaint’s well-pleaded facts as true.

Rosenbach v. Six Flags Entertainment Corp. · filed 2019-01-25

The question the appellate court was asked to consider in this case arose in the context of a motion to dismiss pursuant to section 2-615 of the Code of Civil Procedure (Code) (735 ILCS 5/2-615 (West 2016)). We therefore take the following well-pleaded facts from the complaint and accept them as true for purposes of our review.

When reviewing a section 2-615 motion to dismiss, the court accepts the complaint’s well-pleaded facts as true.

Rosenbach v. Six Flags Entertainment Corp. · filed 2019-09-04

The question the appellate court was asked to consider in this case arose in the context of a motion to dismiss pursuant to section 2-615 of the Code of Civil Procedure (Code) (735 ILCS 5/2-615 (West 2016)). We therefore take the following well-pleaded facts from the complaint and accept them as true for purposes of our review.

On a section 2-615 motion, the court accepts well-pled facts as true and draws reasonable inferences in favor of the nonmoving party.

Wisnasky v. CSX Transportation, Inc. · filed 2020-09-08

When ruling on a motion to dismiss under either section 2-615 or 2-619, which can be raised simultaneously under the Code (735 ILCS 5/2-619.1 (West 2016)), it is proper for a circuit court to accept as true all well-pled facts in the complaint and draw all reasonable inferences from those facts in favor of the nonmoving party.

On a section 2-615 motion to dismiss, the complaint’s factual allegations must be taken as true.

Madonis v. Sterling Bay Cos., LLC · filed 2020-12-02

Our recitation of the facts is based on the allegations in the second amended complaint, which must be taken as true for purposes of motion to dismiss under section 2-615 of the Code.

Section 2-615 permits dismissal for failure to state a claim only when no set of facts could entitle the plaintiff to relief.

Dabbs v. Peoria County · filed 2020-12-15

A complaint should be dismissed under section 2-615 only when no set of facts can be proven that would entitle a plaintiff to relief.

When reviewing a pleading challenged under section 2-615, the court accepts well-pleaded facts and reasonable inferences as true.

In re Estate of Reynolds · filed 2022-06-06

When reviewing a complaint or petition that has been challenged by a section 2-615 motion to dismiss, “the court must accept as true all well-pleaded facts in the complaint, as well as any reasonable inferences that may arise from those facts.” Grant v. State, 2018 IL App (4th) 170920, ¶ 12, 110 N.E.3d 1089.

On a section 2-615 motion to dismiss, the court accepts well-pleaded facts and reasonable inferences as true.

Beaulieu v. Walmart · filed 2022-07-21

In ruling on a section 2-615 motion to dismiss, the court must accept all well-pleaded facts, as well as any reasonable inferences to be drawn therefrom, as true.

When evaluating a dismissal under section 2-615, the court accepts the facts alleged in the verified complaint as true.

M.U. v. Team Illinois Hockey Club, Inc. · filed 2022-08-19

The following facts were gleaned from plaintiff’s verified complaint, which we accept as true for purposes of evaluating the circuit court’s dismissal pursuant to section 2-615 of the Code.

In deciding a section 2-615 motion, courts consider all well-pled factual allegations in the complaint.

Designer Brands, Inc. v. Zurich American Insurance Co. · filed 2024-09-17

In determining whether a claim should be dismissed under section 2-615, Illinois courts consider all well-pled allegations of fact.

A section 2-615 motion accepts well-pleaded facts as true but does not accept conclusions of law or factual conclusions unsupported by specific facts.

Milan v. Forest Preserve District of Cook County · filed 2025-11-12

Although a section 2-615 motion admits all well-pled facts as true, it does not admit conclusions of law or factual conclusions that are unsupported by allegations of specific facts.

Section 2-615 motions test whether a complaint's allegations, viewed in the plaintiff's favor, state a legally sufficient claim.

Northcutt v. Chapman · filed 2004-11-30

A section 2 — 615 motion to dismiss a complaint challenges its legal sufficiency and questions whether its allegations, when viewed in a light most favorable to the plaintiff, are sufficient to state a cause of action upon which relief can be granted.

Section 2-615 requires courts assessing a complaint’s legal sufficiency to accept well-pleaded facts as true and draw reasonable inferences in the plaintiff’s favor.

MacKie v. Vaughan Chapter-Paralyzed Veterans of America, Inc. · filed 2004-12-03

When the legal sufficiency of a complaint is challenged by a motion to dismiss under section 2 — 615, the court takes as true all well-pleaded facts and draws all reasonable inferences in favor of the plaintiff; the court must then determine whether these allegations are sufficient to establish a cause of action upon which relief can be granted.

Section 2-615 requires a court reviewing dismissal to construe the complaint’s allegations in the plaintiff’s favor and decide whether they state a cause of action.

Lamar Advantage G.P. Co., L.L.C. v. Addison Park District · filed 2004-12-13

In reviewing a section 2-615 dismissal, a reviewing court must decide whether the allegations, when construed in the light most favorable to the plaintiff, are sufficient to establish a cause of action upon which relief may be granted.

Section 2-615 tests whether a complaint’s allegations, viewed in the plaintiff’s favor, state a legally sufficient cause of action.

Kopka v. Kamensky and Rubenstein · filed 2004-12-16

A section 2-615 motion attacks the legal sufficiency of a complaint, and this court's inquiry is limited to whether the allegations of the complaint, when viewed in the light most favorable to the plaintiff, are sufficient to state a cause of action upon which relief can be granted.

Section 2-615 permits dismissal when a complaint, viewed favorably to the plaintiff, does not allege facts sufficient to state a cause of action.

Floyd Ex Rel. Floyd v. Rockford Park Dist. · filed 2005-01-12

Viewing plaintiff's complaint in a light most favorable to him, we hold that plaintiff did not allege facts sufficient to state a cause of action for willful and wanton conduct. Thus, the trial court properly granted defendants' motion to dismiss pursuant to section 2-615 of the Code.

Section 2-615 permits dismissal only when, viewing the complaint’s allegations in the plaintiff’s favor, no provable facts would entitle the plaintiff to relief.

Hynes v. Snyder · filed 2005-02-02

A motion to dismiss pursuant to section 2 — 615 challenges the legal sufficiency of the complaint. Bajwa v. Metropolitan Life Insurance Co., 208 Ill. 2d 414, 421 (2004). Dismissal is appropriate only if, viewing the allegations in the light most favorable to the plaintiff, it is clear that no set of facts can be proved that would entitle the plaintiff to relief. ... Thus, in seeking mandamus to compel the production of that information, Hynes has stated a claim on which relief can be granted.

Section 2-615 tests whether the pleaded facts, if proven, would entitle the plaintiff to relief; it does not require the plaintiff to prove those facts at the pleading stage.

Marshall v. Burger King Corp. · filed 2005-03-04

In our view, this analysis is not proper under section 2-615. The question before the court was whether the plaintiffs alleged facts that, if proven, would entitle them to relief, yet the court essentially faulted the plaintiffs for failing to prove, not for failing to plead.

A section 2 — 615 motion tests whether the complaint’s allegations, viewed in the plaintiff’s favor, state a cause of action.

Chatham Surgicore, Ltd. v. Health Care Service Corp. · filed 2005-03-24

We remind the parties that the question presented by a section 2 — 615 motion is whether the allegations of the complaint, when viewed in a light most favorable to the plaintiff, are sufficient to state a cause of action upon which relief can be granted. Taking this into consideration, Chatham’s second amended complaint stated a cause of action for estoppel.

A section 2-615 motion tests the complaint’s legal sufficiency and should be granted if the alleged facts do not state a cause of action.

Sutherland v. Norfolk Southern Railway Co. · filed 2005-03-28

A section 2 — 615 motion to dismiss attacks the legal sufficiency of the complaint by alleging defects appearing on its face. ... Such a motion should be granted if the complaint does not allege sufficient facts to state a cause of action.

Section 2-615 governs motions that challenge the legal sufficiency of a complaint, regardless of how the motion or order is labeled.

Landers-Scelfo v. Corporate Office System, Inc. · filed 2005-04-19

Thus, both the motion and the order addressed the sufficiency of the complaint and were properly matters that fall under section 2 — 615. In deciding how to classify a document, we look to its substance, not its label.

A section 2-615 motion challenges the legal sufficiency of a complaint based on defects apparent on its face.

Valstad Ex Rel. Valstad Quarry, Inc. v. Cipriano · filed 2005-05-10

A section 2-615 motion to dismiss (735 ILCS 5/2-615 (West 2002)) attacks the legal sufficiency of a complaint by alleging defects on the face of the complaint.

A section 2 — 615 motion tests a complaint’s legal sufficiency based on defects apparent on the face of the pleading.

Paul H. Schwendener, Inc. v. Jupiter Electric Co. · filed 2005-05-11

A motion brought pursuant to section 2 — 615 of the Code attacks the legal sufficiency of a complaint based on defects apparent on the face of the pleading.

A section 2-615 motion tests whether the complaint alleges enough facts to state a cause of action; the court accepts well-pleaded facts as true and disregards unsupported conclusions.

Kumar v. Bornstein · filed 2004-12-13

When ruling on a section 2 — 615 motion to dismiss, the trial court should admit all well-pleaded facts as true and disregard legal and factual conclusions that are unsupported by allegations of fact. Neurosurgery & Spine Surgery, S.C. v. Goldman, 339 Ill. App. 3d 177, 182 (2003). If, after disregarding any legal and factual conclusions, the complaint does not allege sufficient facts to state a cause of action, the trial court must grant the motion to dismiss.

Section 2-615 requires a court to view a petition’s allegations in the petitioner’s favor and decide whether they state a claim for relief.

Lieberman v. Budz · filed 2005-04-08

In a section 2 — 615 motion to dismiss, the trial court must determine whether the allegations of the petition, when viewed in the light most favorable to the petitioner, are sufficient to state a cause of action upon which relief can be granted.

Section 2-615 permits dismissal only when the pleadings clearly show that the plaintiff cannot prove facts entitling them to recover.

Pulcini v. Bally Total Fitness Corp. Modified on Denial of Rehearing - replaces opinion filed 11/5/04 · filed 2004-12-17

We will affirm a dismissal under section 2-615 only if the record clearly shows that the plaintiffs can prove no set of facts under the pleadings that will entitle them to recover.

Section 2-615 permits dismissal only when the complaint’s allegations, viewed in the plaintiff’s favor, fail to state a cause of action.

Ryan v. Yarbrough · filed 2005-02-04

A trial court should grant a motion to dismiss a complaint under section 2 — 615 of the Code only when the allegations in the complaint, construed in the light most favorable to the plaintiff, fail to state a cause of action upon which relief can be granted.

On a section 2-615 motion, a court accepts well-pled facts as true and draws reasonable inferences in the plaintiff's favor.

Schwendener v. Jupiter Electric Co. · filed 2005-05-11

In ruling on a section 2-615 motion attacking a complaint, a court must accept as true all well-pled facts in the complaint and draw all reasonable inferences therefrom in favor of the plaintiff.

A dismissal under section 2-615 for failure to plead sufficient facts or essential elements of a claim is reviewed de novo.

Argonaut Insurance Co. v. Safway Steel Products, Inc. · filed 2004-12-30

Therefore the dismissal was pursuant to section 2 — 615 of the Code of Civil Procedure (735 ILCS 5/2 — 615 (West 2000)), and our review is de novo. ... However, if a plaintiff fails to plead in his complaint sufficient facts or the essential elements required for the action, the plaintiff will have failed to state a cause of action.

Section 2-615 permits dismissal for defects on the face of a pleading, but does not permit affirmative factual defenses.

Jordan v. Knafel · filed 2005-02-03

Motions to dismiss pursuant to this section attack only the legal sufficiency of the counterclaim. As such, a party may not raise affirmative factual defenses under a section 2 — 615 motion but, rather, may only allege defects on the face of the counterclaim.

Section 2-615 requires courts to accept well-pleaded facts and reasonable inferences as true and to grant dismissal only when the complaint fails to state a cause of action, viewed in the plaintiff’s favor.

Young v. Allstate Insurance · filed 2004-06-30

In deciding a motion to dismiss pursuant to section 2 — 615 of the Code of Civil Procedure (735 ILCS 5/2 — 615 (West 2000)), the court “must accept as true all well-pleaded facts in the complaint and all reasonable inferences which can be drawn therefrom.” Feltmeier v. Feltmeier, 207 Ill. 2d 263, 267, 798 N.E.2d 75, 79 (2003). The court should grant the motion if the complaint fails to state a cause of action on which relief can be granted after viewing the allegations in the complaint in the light most favorable to the plaintiff.

Section 2-615 requires a court assessing a complaint’s legal sufficiency to accept well-pleaded facts as true and draw reasonable inferences for the nonmoving party.

Byung Moo Soh v. TARGET MARKETING SYSTEMS · filed 2004-09-30

In ruling on a section 2 — 615 motion, a court must accept as true all well-pled facts in the complaint and draw all reasonable inferenees therefrom in favor of the nonmoving party. Vitro, 209 Ill. 2d at 81.

Section 2-615 permits dismissal only when it is clearly apparent that no provable set of facts would entitle the plaintiff to recovery.

Soh v. Target Marketing Systems, Inc. · filed 2004-09-30

A cause of action should be dismissed pursuant to a section 2-615 motion only if it is clearly apparent that no set of facts can be proven which will entitle the plaintiff to recovery.

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

Cook v. BOARD OF EDUC. OF ELDORADO COM. · 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.

A section 2-615 dismissal may be affirmed only if the pleadings clearly show that the plaintiffs can prove no set of facts entitling them to recover.

Pulcini v. Bally Total Fitness Corp. · filed 2004-11-05

We will affirm a dismissal under section 2 — 615 only if the record clearly shows that the plaintiffs can prove no set of facts under the pleadings that will entitle them to recover.

Section 2-615 permits dismissal when the plaintiff cannot plead facts that would entitle it to relief.

RBC Mortgage Co. v. National Union Fire Insurance · filed 2004-06-30

Since RBC is unable to plead facts that would entitle it to relief under the law, the circuit court’s dismissal of its complaint was proper under section 2 — 615.

Section 2-615 allows a motion to dismiss a complaint that fails to state a cause of action.

Brennan v. Kadner · filed 2004-08-11

A section 2-615 motion challenges a complaint for failing to state a cause of action, while a section 2-619(a)(9) motion admits the legal sufficiency of a complaint but asserts that it is barred by some affirmative matter.

Section 2-615 provides the basis for a motion challenging whether a complaint states a cause of action.

Schramer v. Tiger Athletic Ass'n of Aurora · filed 2004-09-07

Failure to state a cause of action is not grounds for a motion under section 2 — 619, but is instead a basis for a motion under section 2 — 615 of the Code (735 ILCS 5/2 — 615 (West 2002)).

Section 2-615 requires a court to assess whether a complaint states a claim, viewing its allegations in the plaintiff’s favor.

Flournoy v. Ameritech · filed 2004-07-09

In ruling upon a section 2 — 615 motion to dismiss, the court must determine whether the allegations of the complaint, when viewed in the light most favorable to the plaintiff, are sufficient to state a claim upon which relief can be granted. ... Viewing the allegations in the light most favorable to the plaintiff, we conclude that the complaint sufficiently states a cause of action under the Consumer Fraud Act.

Section 2-615 permits dismissal for defects apparent on the face of a complaint only when the allegations cannot support a cause of action.

W.W. Vincent & Co. v. First Colony Life Insurance · filed 2004-08-11

A cause of action should be dismissed pursuant to a section 2 — 615 motion only if it is clearly apparent that no set of facts can be proven which will entitle the plaintiff to recovery.

Section 2-615 requires a complaint to allege facts supporting the essential elements of its cause of action.

Mid-West Energy Consultants, Inc. v. Covenant Home, Inc. · filed 2004-08-27

In order to withstand a motion to dismiss based on section 2 — 615, a complaint must allege facts sufficiently setting forth the essential elements of the cause of action.

A section 2-615 motion tests whether the complaint’s allegations, viewed in the plaintiff’s favor, state a claim for relief.

Canel v. Topinka · filed 2004-10-07

Thus, the question presented by a section 2 — 615 motion is whether the allegations of the complaint, when viewed in a light most favorable to the plaintiff, are sufficient to state a cause of action upon which relief can be granted.

Section 2-615 tests whether a complaint states a claim when its well-pleaded facts are accepted as true and its allegations are viewed favorably to the plaintiff.

Village of Itasca v. Village of Lisle · filed 2004-10-12

A motion to dismiss under section 2-615 of the Code challenges the sufficiency of the complaint. ... The trial court must determine whether the allegations of the complaint, when viewed in a light most favorable to the plaintiff, are sufficient to state a claim for which relief may be granted. ... In making this determination, the trial court must accept as true all well-pleaded facts in the complaint. ... Thus, we hold that there was no valid business expectancy in this case and that the trial court correctly dismissed plaintiff's tortious interference claim.

Section 2-615 does not permit dismissal when well-pleaded facts and reasonable inferences make the alleged willful and wanton conduct a jury question.

DOE EX REL. v. Chicago Bd. of Educ. · filed 2004-11-18

These averments of fact are sufficient to present jury questions as to the knowledge of the Board and the foreseeability of harm to the plaintiffs ward and, thus, the issue of willful and wanton conduct. We hold, therefore, that the trial court erred in granting the Board’s section 2 — 615 motion to dismiss the complaint.

Section 2–615 requires a court to accept well-pleaded facts and reasonable inferences in the plaintiff’s favor when deciding whether a complaint states a sufficient claim.

Doe v. Chicago Board of Education · filed 2004-11-18

In reviewing the sufficiency of the allegations in a complaint, we accept as true all well-pleaded facts and all reasonably drawn inferences from those facts in favor of the plaintiff. ... We hold, therefore, that the trial court erred in granting the Board’s section 2–615 motion to dismiss the complaint.

On a section 2-615 motion to dismiss, the court accepts all well-pleaded facts as true.

Purmal v. Robert N. Wadington & Associates · filed 2004-11-12

In ruling on a section 2—615 motion to dismiss, we must accept all well-pleaded facts as true.

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

Engstrom v. Provena Hospitals · filed 2004-11-16

When ruling on a section 2-615 motion, a court must accept as true all well-pleaded facts in the complaint and all reasonable inferences that may be drawn therefrom.

A section 2-615 motion challenges defects apparent on the face of a complaint, and an order granting or denying the motion is reviewed de novo.

City of Chicago v. Beretta U.S.A. Corp. · filed 2004-11-18

A motion to dismiss under section 2-615 of the Code (735 ILCS 5/2-615 (West 2000)) challenges the legal sufficiency of the complaint by alleging defects on its face. We, therefore, review de novo an order granting or denying a section 2-615 motion.

Section 2-615 requires courts to view allegations favorably to the plaintiff and accept well-pleaded facts and reasonable inferences as true when deciding whether a cause of action is stated.

In re Marriage of Blankshain · filed 2004-03-04

When determining whether a cause of action is stated for purposes of a section 2 — 615 motion to dismiss, the court must view the allegations in the light most favorable to the plaintiff and accept as true all well-pleaded fact's and reasonable inferences derived from those facts.

On a section 2-615 motion to dismiss, the court must accept well-pled facts and reasonable inferences as true.

Salamone v. Hollinger International, Inc. · filed 2004-03-30

When ruling on a section 2 — 615 motion to dismiss, the court must accept as true all well-pled facts in the complaint and reasonable inferences drawn therefrom.

Section 2-615 permits dismissal when a complaint fails to allege specific facts supporting a legally sufficient cause of action.

Fritz v. Johnston · filed 2004-03-18

Plaintiff’s statement that they conspired is insufficient — the complaint must contain more than the conclusion that there was a conspiracy, it must allege specific facts from which the existence of a conspiracy may properly be inferred.

Section 2-615 requires the court to construe the allegations in the plaintiff's favor when deciding whether the case may proceed beyond the motion-to-dismiss stage.

Radaszewski Ex Rel. Radaszewski v. Garner · filed 2004-03-25

Construing these acts in the light most favorable to plaintiff, as we must following a motion to dismiss ( Brandt, 204 Ill.2d at 645, 275 Ill.Dec. 65, 792 N.E.2d 296), we conclude that plaintiff is entitled to proceed beyond the motion-to-dismiss stage.

Section 2-615 permits dismissal when a complaint is legally insufficient or fails to allege facts establishing a cause of action.

Martin v. State Farm Mutual Automobile Insurance · filed 2004-03-25

A section 2 — 615 motion to dismiss challenges the legal sufficiency of the complaint. Chandler v. Illinois Central R.R. Co., 207 Ill. 2d 331, 348, 798 N.E.2d 724, 733 (2003). In reviewing a section 2 — 615 dismissal, a reviewing court must decide whether the allegations, construed in the light most favorable to the plaintiff, are sufficient to establish a cause of action upon which relief may be granted. Chandler, 207 Ill. 2d at 348, 798 N.E.2d at 733. However, a plaintiff cannot rely simply on mere conclusions of law or fact unsupported by specific factual allegations. Jackson v. South Holland Dodge, Inc., 197 Ill. 2d 39, 52, 755 N.E.2d 462, 471 (2001). A cause of action will be dismissed if it is clearly apparent from the pleadings that no set of facts can be proven which will entitle the plaintiff to recovery. Chandler, 207 Ill. 2d at 349, 798 N.E.2d at 733. Review of a section 2 — 615 dismissal is conducted de novo. Chandler, 207 Ill. 2d at 349, 798 N.E.2d at 733.

Section 2-615 permits dismissal when a complaint's allegations fail to state a cause of action.

Raffen v. International Contractors, Inc. · filed 2004-06-03

A motion to dismiss a complaint pursuant to section 2-615 of the Code should be granted only when the allegations in the complaint, construed in the light most favorable to the plaintiff, fail to state a cause of action upon which relief can be granted. ... Thus, viewing the allegations in a light most favorable to plaintiff, we hold that ICI's motion to dismiss should have been denied.

Section 2-615 permits dismissal only when no set of facts under the pleadings could entitle the plaintiff to recover.

Lenahan v. University of Chicago · filed 2004-03-31

Dismissal of a cause of action pursuant to section 2 — 615 is appropriate only when it clearly appears that no set of facts could ever be proved under the pleadings that would entitle the plaintiff to recover.

Section 2-615 permits dismissal for failure to state a cause of action, subject to de novo review.

Turner-El v. West Opinion corrected · filed 2004-05-27

The grant of a motion to dismiss a complaint for mandamus relief for the failure to state a cause of action, like any other motion to dismiss filed pursuant to section 2-615, is subject to de novo review.

Section 2-615 permits dismissal only when, viewing the pleadings favorably to the nonmoving party, no set of facts could support the cause of action.

Lucas v. Taylor · filed 2004-06-16

When ruling on a motion to dismiss under either section 2 — 615 or section 2 — 619 of the Code of Civil Procedure, “the trial court must interpret all pleadings and supporting documents in the light most favorable to the nonmoving party.” Chicago Motor Club v. Robinson, 316 Ill. App. 3d 1163, 1171, 739 N.E.2d 889, 894-95 (2000), citing Toombs v. City of Champaign, 245 Ill. App. 3d 580, 583, 615 N.E.2d 50, 51 (1993). The trial court should grant the motion to dismiss only if the plaintiff can prove no set of facts to support the cause of action.

Section 2-615 allows dismissal of a complaint that is legally insufficient while admitting all well-pled facts.

Crusius Ex Rel. Taxpayers of the State of Illinois v. Illinois Gaming Bd. · filed 2004-03-31

A section 2-615 motion admits all well-pled facts and attacks only the legal sufficiency of the complaint. AIDA, 332 Ill.App.3d at 158, 265 Ill.Dec. 582, 772 N.E.2d at 957. Our review of a trial court's dismissal of a complaint pursuant to section 2-615 is de novo. AIDA, 332 Ill.App.3d at 158, 265 Ill.Dec. 582, 772 N.E.2d at 958.

A section 2-615 motion admits well-pleaded facts and challenges the legal sufficiency of the complaint.

U.S. Bank National Ass'n v. Clark · filed 2004-03-31

A section 2 — 615 motion admits all well-pleaded facts and attacks the legal sufficiency of the complaint; a section 2 — 619 motion admits the legal sufficiency of the complaint, but raises defects, defenses or other affirmative matter that defeat the action.

Section 2-615 requires a court to assess whether the complaint’s allegations, viewed in the plaintiff’s favor, state a cause of action; the parties’ arguments do not control that assessment.

Maras v. Milestone, Inc. · filed 2004-05-13

Defendant’s contention that plaintiff cannot present her argument to this court because she did not make it to the trial court misconstrues the trial court’s role in deciding a motion pursuant to section 2 — 615. The trial court’s function is to examine the complaint to determine whether the complaint alleges facts that, considered in the light most favorable to the plaintiff, are sufficient to state a cause of action. ... Thus, although the court may hear the parties’ arguments, the court’s decision should be based on what appears in the complaint, and we can determine the correctness of that decision without knowing what the parties argued, or indeed, whether they argued at all.

A section 2-615 motion tests the legal sufficiency of a complaint.

Ausman v. Arthur Andersen, LLP · filed 2004-05-18

A section 2 — 615 motion to dismiss attacks the legal sufficiency of a plaintiffs complaint.

Section 2-615 motions test the legal sufficiency of a complaint.

Ausman v. Arthur Andersen, LLP Nunc pro tunc April 13, 2004 · filed 2004-05-18

A section 2-615 motion to dismiss attacks the legal sufficiency of a plaintiff's complaint.

Section 2-615 allows dismissal for pleading defects while admitting well-pleaded facts.

Village of South Elgin v. Waste Management of Illinois, Inc. · filed 2004-05-28

A motion to dismiss brought under this section admits all well-pleaded facts, but not conclusions of law or factual conclusions not supported by allegations of specific fact.

Section 2-615 permits dismissal when a complaint is legally insufficient and no provable facts would entitle the plaintiff to relief.

Malcome v. Toledo, Peoria & Western Railway Corp. · filed 2004-06-16

A motion to dismiss under section 2-615 challenges the legal sufficiency of the complaint. ... Dismissal is appropriate only where, viewing the allegations in the light most favorable to the plaintiff, it is clear that no set of facts can be proved under the pleadings that will entitle the plaintiff to relief.

Section 2-615 permits dismissal when a complaint is legally insufficient to state a cause of action.

Freeman, Freeman and Salzman, P.C. v. Lipper · filed 2004-06-23

A motion to dismiss under section 2-615 of the Illinois Code of Civil Procedure (735 ILCS 5/2-615 (West 2002)) challenges only the legal sufficiency of the complaint.

Section 2-615 requires courts to accept well-pleaded facts as true and draw reasonable inferences in the pleader’s favor when assessing a complaint’s legal sufficiency.

Freeman, Freeman & Salzman, P.C. v. Lipper · filed 2004-06-23

In ruling on a section 2-615 motion, a court must accept as true all well-pleaded facts in the complaint and draw all reasonable inferences therefrom which are favorable to the pleader.

Section 2-615 requires dismissal when the complaint's allegations, viewed in the light most favorable to the plaintiff, fail to support a cause of action for which relief can be granted.

Widmer v. Hoover · filed 2003-07-30

A section 2-615 motion to dismiss should be granted when the allegations in the complaint, viewed in the light most favorable to the plaintiff, fail to support a cause of action upon which relief can be granted.

Section 2-615 provides a motion to dismiss that tests the legal sufficiency of a pleading.

People Ex Rel. Madigan v. Dixon-Marquette Cement, Inc. · filed 2003-08-27

A motion to dismiss under section 2 — 615 of the Code tests the legal sufficiency of a pleading.

Section 2-615 permits a motion to dismiss that admits well-pleaded facts and challenges the complaint's legal sufficiency.

Jenkins v. Concorde Acceptance Corp. · filed 2003-12-31

A section 2-615 motion admits all well-pleaded facts and attacks the legal sufficiency of the complaint; a section 2-619 motion admits the legal sufficiency of the complaint, but raises defects, defenses or other affirmative matter appearing on the face of the complaint or established by external submissions which defeat the action.

Section 2-615 requires a court reviewing a complaint to accept well-pleaded facts and reasonable inferences as true and determine whether those facts could entitle the plaintiff to relief.

Feltmeier v. Feltmeier · filed 2003-09-18

In ruling on a section 2 — 615 motion to dismiss, the court must accept as true all well-pleaded facts in the complaint and all reasonable inferences which can be drawn therefrom.

Section 2-615 requires well-pleaded facts and reasonable inferences to be accepted as true, while unsupported legal or factual conclusions are disregarded when deciding a motion to dismiss.

UNIVERSITY PROFESSIONALS OF ILL. v. Stukel · filed 2003-12-08

An order granting a section 2 — 615 motion to dismiss is reviewed de novo. Wakulich v. Mraz, 203 Ill. 2d 223, 228, 785 N.E.2d 843 (2003). In reviewing a motion to dismiss: “We take as true all well-pled facts and reasonable inferences therefrom and consider only those facts in the pleading and included in attached exhibits. [Citation.] We will not affirm dismissal of a complaint unless it is clear that a plaintiff cannot prove a set of facts that will entitle him to the relief sought. [Citation.] However, legal conclusions and factual conclusions that are unsupported by allegations of specific facts will be disregarded in ruling on a motion to dismiss. [Citation.]” Safeway Insurance Co. v. Daddono, 334 Ill. App. 3d 215, 218, 777 N.E.2d 693 (2002).

Section 2-615 permits dismissal of a complaint that is legally insufficient on its face.

Vitro v. Mihelcic · filed 2004-01-23

A motion to dismiss pursuant to section 2-615 of the Code (735 ILCS 5/2-615 (West 2000)) attacks the legal sufficiency of a complaint by alleging defects on the face of the complaint.

Section 2-615 permits dismissal when complaint allegations, viewed in the plaintiff's favor, fail to support a cause of action for which relief can be granted.

King v. First Capital Financial Services Corp. · filed 2003-09-26

The court should grant a section 2-615 motion to dismiss when the allegations in the complaint, viewed in the light most favorable to the plaintiff, fail to support a cause of action upon which relief can be granted.

Section 2-615 permits dismissal when a pleading fails to state a legally sufficient claim, with well-pleaded facts taken as true.

Moore v. Johnson County Farm Bureau Opinion corrected 11/25/03 · filed 2003-10-15

The issue presented by a motion to dismiss is whether, when all well-pleaded facts are taken as true and are considered in the light most favorable to the plaintiff, the plaintiff has alleged sufficient facts that, if proved, would entitle the plaintiff to relief. ... A motion to dismiss on the pleadings should not be granted unless it clearly appears that no set of facts can be proved that will entitle the plaintiff to recover.

Section 2-615 governs whether a complaint alleges sufficient facts for relief and requires well-pleaded facts to be accepted as true.

Hadley v. Ryan · filed 2003-11-18

The question presented by a section 2 — 615 motion is whether the complaint sets forth sufficient facts which, if established, could entitle the plaintiff to relief. Bryson v. News America Publications, Inc., 174 Ill. 2d 77, 86, 672 N.E.2d 1207, 1214 (1996). In ruling on a section 2 — 615 motion, a circuit court must accept all well-pleaded facts in the complaint as true and draw reasonable inferences from those facts that are favorable to the pleader.

Section 2-615 permits dismissal when, accepting all well-pled facts as true, a pleading fails to state a cause of action.

Chicago Commons Ass'n v. Hancock · filed 2004-02-10

The issue we review is whether, after accepting all well-pled facts as true, the counterclaim stated a cause of action for retaliatory discharge.

Section 2-615 addresses legal insufficiency based on defects in the complaint and excludes evidence outside the pleadings.

Petty v. Chrysler Corp. · filed 2003-09-30

A section 2 — 615 dismissal recognizes the legal insufficiency of the complaint due to defects in the complaint’s allegations. ... More important, the court considered Petty’s deposition testimony, which falls outside the scope of a section 2 — 615 dismissal on the pleadings.

Section 2-615 motions challenge the legal sufficiency of a complaint.

Dewan v. Ford Motor Co. · filed 2003-09-30

Section 2 — 615 motions (735 ILCS 5/2 — 615 (West 1998)) and section 2 — 619 motions differ in that the former attack the sufficiency of the complaint and the latter, while admitting the legal sufficiency of the complaint, raise defects, defenses or other affirmative matter appearing on the face of the complaint or established by external submissions which defeat the action.

Section 2-615 permits dismissal only when the complaint's allegations, construed favorably to the plaintiff, fail to state a cause of action, and review is de novo.

In Re County Collector of Lake County · filed 2003-10-02

A trial court should grant a motion to dismiss a complaint under section 2-615 of the Code only when the allegations in the complaint, construed in the light most favorable to the plaintiff, fail to state a cause of action upon which relief can be granted. Oliveira v. Amoco Oil Co., 201 Ill.2d 134, 147, 267 Ill.Dec. 14, 776 N.E.2d 151 (2002). It should accept all well-pleaded facts and inferences drawn from those facts as true. Oliveira, 201 Ill.2d at 147, 267 Ill.Dec. 14, 776 N.E.2d 151. We review a dismissal under section 2-615 de novo. Oliveira, 201 Ill.2d at 147-48, 267 Ill.Dec. 14, 776 N.E.2d 151.

Section 2-615 permits dismissal when a complaint fails to state a cause of action after accepting well-pleaded facts and reasonable inferences as true.

In re Application of the County Collector · filed 2003-10-02

A trial court should grant a motion to dismiss a complaint under section 2 — 615 of the Code only when the allegations in the complaint, construed in the light most favorable to the plaintiff, fail to state a cause of action upon which relief can be granted.

Section 2-615 requires dismissal when a complaint's well-pleaded facts, taken as true, do not state a legally sufficient cause of action.

Colmar Ltd. v. Fremantlemedia North America, Inc. · filed 2003-12-04

The question presented by a section 2 — 615 motion to dismiss is whether the allegations of the complaint, when viewed in the light most favorable to the plaintiff, are sufficient to state a cause of action upon which relief can be granted.

Section 2-615 allows dismissal when a complaint alleges no facts supporting a legally cognizable cause of action.

Unterschuetz v. City of Chicago · filed 2004-01-22

Our review of a dismissal pursuant to both sections 2 — 615 and 2 — 619 is de novo, and we accept all well-pleaded facts in the complaint as true and draw all reasonable inferences from those facts in favor of the nonmoving party. Hanna v. City of Chicago, 331 Ill. App. 3d 295, 303 (2002). Under either section, dismissal is proper if the plaintiff fails to allege any set of facts to support a cause of action that would entitle him to relief. Stephen L. Winternitz, Inc. v. National Bank of Monmouth, 289 Ill. App. 3d 753, 755 (1997).

Section 2-615 permits dismissal of a pleading when it has a defect or fails to state a recoverable cause of action.

Reuben H. Donnelley Corp. v. Brauer · filed 1995-09-15

A section 2 — 615 motion to dismiss is used to attack defects in a pleading and does not test the plaintiff’s ability to recover where a cause of action is adequately stated.

Section 2-615 permits dismissal only when the complaint fails to state a cause of action, construing well-pleaded facts and reasonable inferences in the plaintiff's favor.

Andersen v. MacK Trucks, Inc. · filed 2003-07-15

A motion to dismiss a complaint under section 2-615 should be granted only when the allegations in the complaint, construed in the light most favorable to the plaintiff, fail to state a cause of action upon which relief can be granted.

Section 2-615 requires dismissal when the complaint's allegations, construed in the plaintiff's favor, fail to plead facts establishing a cause of action.

Rogalla v. Christie Clinic, P.C. · filed 2003-06-20

For a section 2 — 615 motion to dismiss, we accept the allegations in the complaint as true. ... We examine the complaint to “determine whether the allegations ***[,] construed in a light most favorable to the plaintiff, are sufficient to establish a cause of action upon which relief may be granted.”

Section 2-615 permits dismissal of a complaint when its allegations do not state a cause of action.

Lewis v. Lead Industries Ass'n, Inc. · filed 2003-06-30

As the complaint at issue was dismissed in response to motions brought pursuant to section 2-615 of the Code, the only question before this court is whether the dismissed counts state causes of action upon which relief can be granted.

A section 2-615 motion tests the legal sufficiency of a complaint based on defects appearing on its face, and its denial is reviewed de novo.

Illinois Labor Relations Board v. Chicago Transit Authority · filed 2003-06-30(b)

This case is before us based upon the trial court’s ruling on the CTA’s motion filed pursuant to section 2 — 615 of the Civil Code, wherein it was argued that the ILRB’s petition for enforcement was substantially insufficient in law. See 735 ILCS 5/2 — 615(b) (West 2000). A motion to dismiss for defects in the pleadings when the complaint is substantially insufficient in law attacks the legal sufficiency of the complaint and is solely based on defects appearing on the face of the complaint. Aboufariss v. City of De Kalb, 305 Ill. App. 3d 1054, 1066 (1999). Our review of the denial of a section 2 — 615 motion to dismiss is de novo. Stratman v. Brent, 291 Ill. App. 3d 123, 134 (1997), citing Kedzie & 103rd Currency Exchange, Inc. v. Hodge, 156 Ill. 2d 112, 116 (1993).

Section 2-615 lets a defendant challenge the legal sufficiency of a complaint, with well-pleaded facts taken as true.

King v. Senior Services Associates, Inc. · filed 2003-06-30

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 tests whether a complaint states a cause of action and requires dismissal when its well-pleaded facts are insufficient.

Miner v. Fashion Enterprises, Inc. · filed 2003-07-15

A section 2 — 615 motion raises the threshold question of whether a cause of action has been stated. ... This court reviews the dismissal of a claim under section 2 — 615 de novo and must determine whether the allegations, interpreted in a light most favorable to the plaintiff, are sufficient to establish a cause of action upon which relief may be granted. ... The fraud count fails to state a cause of action for fraud by misrepresentation. ... The fraud count fails to state a cause of action for fraud by concealment of a material fact. ... Accordingly, we affirm the dismissal of the fraud count pursuant to section 2 — 615 of the Code of Civil Procedure (735 ÍLCS 5/2 — 615 (West 1998)).

Section 2-615 permits dismissal for failure to state a cause of action only when no set of facts under the pleadings could entitle the plaintiff to relief.

Krueger v. Lewis · filed 2003-07-24

A complaint is susceptible to dismissal under section 2-615 for failure to state a cause of action only when it clearly appears that no set of facts could be proved under the pleadings that would entitle plaintiff to relief.

Section 2-615 requires a complaint to allege sufficient facts to state all elements of the asserted cause of action.

Griffin v. Bruner · filed 2003-07-15

The question presented by a section 2 — 615 motion to dismiss is whether the allegations of the complaint, when viewed in a light most favorable to the plaintiff, are sufficient to state a cause of action upon which relief can be granted. Raintree Homes, Inc. v. Village of Long Grove, 335 Ill. App. 3d 317, 319 (2002). The plaintiff is not required to prove his case, but must allege facts sufficient to state all the elements of the asserted cause of action. Raintree Homes, Inc., 335 Ill. App. 3d at 319. When ruling on a section 2 — 615 motion to dismiss, the trial court should accept all well-pleaded facts as true and disregard legal and factual conclusions that are unsupported by allegations of fact. Raintree Homes, Inc., 335 Ill. App. 3d at 319. If, after disregarding any legal and factual conclusions, the complaint does not allege sufficient facts to state a cause of action, the trial court must grant the motion to dismiss. Raintree Homes, Inc., 335 Ill. App. 3d at 319. The standard of review on a section 2 — 615 dismissal is de novo. Raintree Homes, Inc., 335 Ill. App. 3d at 319.

Section 2-615 requires courts considering a motion to dismiss to accept well-pleaded facts as true and draw inferences in favor of the nonmovant.

Northern Trust Co. v. VIII South Michigan Associates · filed 1995-11-09

We first address the Guarantors’ claim that the trial court improperly dismissed, under section 2 — 615 of the Code of Civil Procedure (735 ILCS 5/2 — 615 (West 1992)), their second amended complaint alleging fraud and breach of the implied covenant of good faith and fair dealing. In considering a motion to dismiss, all well-pleaded facts in a complaint must be taken as true with all inferences from it to be drawn in favor of the nonmovant. (Meerbrey v. Marshall Field & Co. (1990), 139 Ill. 2d 455, 564 N.E.2d 1222.) Even applying this liberal standard, the Guarantors have not stated a claim for either fraud or breach of the covenant of good faith and fair dealing.

Section 2-615 permits dismissal on the pleadings only when no provable set of facts would entitle the plaintiff to recover; well-pleaded facts and reasonable inferences are taken as true.

Arnett v. Environmental Science & Engineering, Inc. · filed 1995-09-12

A court should not dismiss a cause of action on the pleadings unless it clearly appears that no set of facts can be proven which will entitle a plaintiff to recover. (Burdinie v. Village of Glendale Heights (1990), 139 Ill. 2d 501, 565 N.E.2d 654.) In determining whether the complaint alleges sufficient facts to establish a cause of action, we must accept as true all well-pleaded facts in the complaint and all reasonable inferences therefrom. (Kolegas v. Heftel Broadcasting Corp. (1992), 154 Ill. 2d 1, 607 N.E.2d 201.) Applying these standards, we conclude that while plaintiff has failed to establish a legal duty by the air sampling professional, the project manager did have a duty to act with reasonable care for the safety of plaintiff.

A section 2 — 615 motion tests whether the facts pleaded in a complaint, taken as true, would entitle the plaintiff to relief.

Clay v. Little Co. of Mary Hospital · filed 1995-12-27

A motion to dismiss under section 2 — 615 challenges the legal sufficiency of the complaint. ... The relevant inquiry is whether sufficient facts are contained in the pleadings which, if proved, would entitle the plaintiff to relief. ... Upon review of an order granting a section 2 — 615 motion, all well-pleaded facts are taken as true.

Section 2-615 motions challenge the legal sufficiency of a complaint.

Roehrborn v. Lambert · filed 1995-12-29

We begin our analysis by noting that a motion to dismiss under section 2 — 615 challenges the legal sufficiency of the complaint.

Section 2-615 permits dismissal for failure to state a cause of action only when the pleaded facts could not entitle the plaintiff to relief.

Lagen v. Balcor Co. · filed 1995-07-27

A complaint should be dismissed under section 2 — 615 for failure to state a cause of action only when it clearly appears that no set of facts could be proved under the pleadings which would entitle the plaintiff to relief.

A section 2-615 dismissal turns on whether the complaint states a cause of action, a question of law reviewed de novo.

Vonholdt v. Barba & Barba Construction, Inc. · filed 1995-11-16

Because the complaint in issue was dismissed under section 2 — 615, the only question before this court is whether the plaintiffs second-amended complaint states a cause of action upon which relief could be granted. The issue is one of law, and our review is de nova.

A section 2-615 motion tests whether a complaint states a cause of action; dismissal is improper when the pleaded facts, if proven, could entitle the plaintiff to relief.

Majumdar v. Lurie · filed 1995-07-20

Because the complaint in issue was dismissed in response to the defendants’ motion brought pursuant to section 2 — 615 of the Code of Civil Procedure (Code) (735 ILCS 5/2 — 615 (West 1992)), the only question before this court is whether the dismissed counts stated causes of action. ... Based upon the foregoing analysis, we find that the plaintiffs have alleged facts which if proven could entitle them to relief, and as a consequence, the trial court erred in dismissing their second-amended complaint.

A section 2-615 motion admits well-pleaded facts as true, but does not admit legal conclusions or factual conclusions unsupported by specific allegations.

Lake County Grading Co. of Libertyville, Inc. v. Advance Mechanical Contractors, Inc. · filed 1995-08-31

While a section 2—615 motion to dismiss admits all well-pleaded facts as true, it does not admit conclusions of law or factual conclusions which are unsupported by allegations of specific facts.

Section 2-615 tests whether a complaint alleges facts that, if proved, would entitle the plaintiff to relief.

ST. PAUL INS. CO. OF ILLINOIS v. Estate of Venute · filed 1995-09-26

Because a motion to dismiss under section 2—615 attacks only the legal sufficiency of a complaint, the question presented by such a motion is whether sufficient facts are contained in the pleadings which, if proved, would entitle a plaintiff to relief.

Section 2-615 requires a court assessing a complaint to accept its well-pleaded facts and reasonable inferences as true and to dismiss only if no provable facts would permit recovery.

Arnett v. ENVIRONMENTAL SCIENCE & ENGIN, INC. · filed 1995-11-22

A court should not dismiss a cause of action on the pleadings unless it clearly appears that no set of facts can be proven which will entitle a plaintiff to recover. ... In determining whether the complaint alleges sufficient facts to establish a cause of action, we must accept as true all well-pleaded facts in the complaint and all reasonable inferences therefrom.

On a section 2-615 motion to dismiss, the court asks whether the complaint’s alleged facts allow any possibility of recovery; if they do, dismissal must be vacated.

Empire Home Services, Inc. v. Carpet America, Inc. · filed 1995-07-13

The contention would ordinarily go beyond our scope of review of a section 2 — 615 motion to dismiss because we are asked to decide whether, on the facts alleged in the complaint, any possibility of recovery exists. If so, the dismissal must be vacated.

Section 2-615 permits dismissal for pleading deficiencies only when no facts provable under the complaint would entitle the plaintiff to recover.

Jenkins v. Leininger · filed 1995-12-22

A section 2 — 615 (735 ILCS 5/2 — 615 (West 1992)) motion to dismiss is used to attack deficiencies in a pleading. ... A cause of action should not be dismissed on the pleadings unless it clearly appears that no set of facts can be proved under the pleadings which will entitle the plaintiff to recover.

Section 2-615 requires courts to read alleged facts in the plaintiff’s favor and permits dismissal only when no provable set of facts would entitle the plaintiff to relief.

Commerce Bank, N.A. v. Plotkin · filed 1994-01-20

When reviewing a motion to dismiss, the court should interpret the facts alleged in the complaint in the light most favorable to the plaintiff, and the complaint should not be dismissed unless the pleadings disclose that no set of facts could be proved that would entitle the plaintiff to relief.

Section 2-615 permits dismissal for failure to state a cause of action only when the pleaded facts, taken as true, could not entitle the plaintiff to relief.

Paskarnis v. Darien-Woodridge Fire Protection District · filed 1993-11-05

When reviewing the dismissal of a complaint for failure to state a cause of action, all well-pleaded facts and inferences drawn therefrom are accepted as true. ... A complaint should not be dismissed unless it clearly appears that no set of facts could be proved under the pleadings which would entitle the pleader to relief. ... Thus, count II of the plaintiff’s second amended complaint alleges facts which, if proven, would entitle him to relief for the tort of retaliatory discharge. The trial court therefore erred in granting the defendants’ section 2— 615 motion to dismiss count II of the plaintiff’s second amended complaint with prejudice.

Section 2-615 permits dismissal on the pleadings only when no provable set of facts could entitle the plaintiff to relief.

Weisblatt v. Colky · filed 1994-06-30

A cause of action will not be dismissed on the pleadings unless it clearly appears that no set of facts can be proved which will entitle plaintiffs to recover. ... Therefore, we must conclude, as the trial court did, that the plaintiff failed to allege sufficient facts to state a cause of action against Colky for breach of fiduciary duty.

Section 2-615 permits dismissal when a complaint fails to plead facts sufficient to state a cause of action, even when its allegations are viewed favorably to the plaintiff.

Smith v. City of Chicago · filed 1993-09-07

When reviewing a motion to strike and dismiss pursuant to section 2 — 615 of the Illinois Code of Civil Procedure (Ill. Rev. Stat. 1985, ch. 110, par. 2 — 615 (now 735 ILCS 5/2— 615 (West 1992))), a reviewing court must determine whether allegations in the complaint, when viewed in a light most favorable to plaintiff, are sufficient to set forth a cause of action upon which relief can be granted. ... Since the complaint was deficient in pleading a material element of the cause of action, namely the location of the accident, we hold that the circuit court was within its discretion to dismiss the complaint.

Section 2-615 requires the court to accept well-pleaded facts as true and permits dismissal when the complaint cannot establish a necessary duty.

Diaz v. Krob · filed 1994-06-30

A motion to dismiss under section 2 — 615 admits all well-pleaded facts in the complaint for purposes of the motion. ... A cause of action will not be dismissed on the pleadings unless it clearly appears that no set of facts can be proved which will entitle the plaintiff to recover. ... Applying the above-mentioned principles and case law, we hold that the trial court correctly found as a matter of law that the defendants did not owe the plaintiffs a duty under the facts of this case.

Section 2-615 tests a complaint’s legal sufficiency rather than its factual sufficiency.

Dawson v. Elgin, Joliet & Eastern Railway Co. · filed 1994-09-22

In Elinois, a motion to dismiss attacks the legal sufficiency of a complaint, not its factual sufficiency.

Section 2-615 tests whether the facts alleged in a complaint, taken as true, state a sufficient cause of action.

Scott Wetzel Services v. Regard · filed 1995-03-30

Section 2 — 615 motions addressed to the legal sufficiency of a complaint raise but a single issue: whether, when taken as true, the facts alleged in the complaint set forth a good and sufficient cause of action. When judged by that standard, there is no doubt that the plaintiff’s complaint states a cause of action.

Section 2-615 permits dismissal when the complaint lacks facts that, if proved, could entitle the plaintiff to relief.

Miller v. Civil Constructors, Inc. · filed 1995-05-05

A section 2 — 615 motion to dismiss for failure to state a cause of action (735 ILCS 5/2 — 615 (West 1992)) attacks the legal sufficiency of the complaint, and the relevant inquiry is whether sufficient facts are contained in the pleadings which, if proved, could entitle the plaintiff to relief.

Section 2-615 permits dismissal only when no set of provable facts would entitle the pleader to relief.

In re Marriage of Smak · filed 1994-10-18

A pleading should not be dismissed under section 2 — 615 unless it clearly appears that no set of facts can be proved which will entitle the pleader to relief.

Section 2-615 asks whether the facts alleged in a complaint, if proved, would entitle the plaintiff to relief.

Boyd v. Travelers Insurance · filed 1995-01-19

The question presented by a section 2 — 615 motion to dismiss is whether the plaintiff has alleged sufficient facts in the complaint which, if proved, would entitle the plaintiff to relief.

Section 2-615 does not permit dismissal when a claim depends on resolving an ambiguous contract’s meaning.

Monroe Dearborn Ltd. Partnership v. Board of Education · filed 1995-03-31

The interpretation of an ambiguous contract is one of fact which may not be decided on a motion to dismiss under section 2 — 615.

Section 2-615 motions test whether a complaint is legally sufficient.

Lawson v. City of Chicago · filed 1996-03-22

A motion to dismiss pursuant to section 2 — 615 of the Code attacks the legal sufficiency of the complaint whereas a section 2 — 619 motion raises defects or defenses which negate a plaintiffs cause of action completely or refute crucial conclusions of law or conclusions of material fact that are unsupported by allegations of specific fact.

Section 2-615 requires a court to view the complaint in the light most favorable to the plaintiff and determine whether its allegations establish a cause of action.

Suarez v. Pierard · filed 1996-03-26

In reviewing the dismissal of a complaint pursuant to section 2-615 of the Code of Civil Procedure (735 ILCS 5/2-615 (West 1992)), we must determine whether the complaint, when viewed in the light most favorable to the plaintiff, alleges facts sufficient to establish a cause of action.

A section 2-615 motion tests a pleading’s legal sufficiency and admits its well-pled facts, including when the pleading is a section 2-1401 petition.

Cartwright v. Goodyear Tire & Rubber Co. · filed 1996-04-12

Plaintiffs brought a motion to dismiss under section 2 — 615 of the Illinois Code of Civil Procedure (735 ILCS 5/2 — 615 (West 1994)), 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. ... Thus, the motion admits all well-pled facts and attacks only the legal sufficiency of the petition.

On a section 2-615 motion, the court considers specifically alleged facts and cannot use legal conclusions to infer missing facts.

Hough v. Kalousek · filed 1996-04-19

Only allegations of specific facts themselves may be considered in a motion pursuant to section 2-615, and we may not use legal conclusions to infer specific facts as cross-plaintiff has requested.

Section 2-615 permits dismissal when the pleaded facts cannot establish a claim, even if the complaint labels the conduct willful and wanton.

Ozuk v. River Grove Board of Education · filed 1996-05-14

A circuit court should dismiss a complaint under section 2 — 615 only when it is apparent that no set of facts can be proved that will entitle a plaintiff to relief. ... Those allegations do not show that defendant ignored an obvious danger or otherwise showed a reckless disregard for the safety of others which rose to the level of willful and wanton conduct. Accordingly, we affirm the dismissal of count II of plaintiffs complaint.

Section 2-615 requires a court reviewing a motion to dismiss to accept well-pleaded facts as true and draw reasonable inferences in the plaintiff’s favor.

Roderick Dev. Inv. Co. v. Community Bank of Edgewater · filed 1996-07-26

When ruling on a motion to dismiss, courts take all well-pleaded facts as true and construe all reasonable inferences therefrom in the light most favorable to the plaintiff. ... Based on our examination of the treatment of conversion claims for money in Illinois and in other states, we believe that the plaintiff s complaint was sufficient to state a claim for conversion against the Bank. Consequently, we hold that it was improperly dismissed and remand it for further proceedings.

Section 2-615(e) allows a motion testing the legal sufficiency of pleadings; the motion admits the pleadings only for that legal question, and the objection cannot be renewed after the court rejects it and orders a hearing on the merits.

Afl-Cio (Afscme) v. Dept. of Cent. Mgt. · filed 1996-09-19(e)

After the enactment of the Civil Practice Act, the demurrer evolved into what is now recognized as a motion to dismiss under section 2-615(e) of the Code of Civil Procedure (735 ILCS 5/2-615(e) (West 1992)). Such a motion raises the question of the sufficiency of the pleadings, as a matter of law, and admits the pleadings solely for purposes of deciding the legal question. However, once that legal question has been answered and rejected, and a circuit court orders the case to be heard on the merits, the time to demur on the pleadings has passed.