735 Ill. Comp. Stat. § 5/2-615

Section 2-615(e) permits a motion testing the legal sufficiency of pleadings; a party cannot renew that challenge after it is rejected and the case is ordered heard on the merits.

American Federation of State, County & Municipal Employees v. Department of Central Management Services · 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.

A section 2-615 motion to dismiss accepts well-pleaded facts as true, and dismissal is proper only when no provable facts would entitle the plaintiff to recover.

Luna v. Pizzas by Marchelloni · filed 1996-04-30

For purposes of a motion to dismiss, the truth of all well-pleaded facts is accepted ... and a complaint will be dismissed on the pleadings only if it clearly appears that no facts can be proved which would entitle the plaintiff to recover.

On a section 2-615 motion to dismiss, courts take well-pleaded facts as true and view them in the plaintiff's favor.

Rodgers v. Whitley · filed 1996-07-08

In considering and reviewing a section 2-615 motion to dismiss, all well-pleaded facts must be taken as true and considered in the light most favorable to the plaintiffs.

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

Ozuk v. River Grove Bd. of Educ. · 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.

A section 2—615 motion tests whether the complaint alleges facts that, if proved, could entitle the plaintiff to relief.

Beck v. Budget Rent-A-Car · filed 1996-09-05

The question presented by a section 2—615 motion to dismiss a complaint for failure to state a cause of action is whether sufficient facts are stated in the complaint which, if established, could entitle the plaintiff to relief.

Section 2-615 permits dismissal when the face of a complaint lacks sufficient facts to state a cause of action.

Grassini v. Township · filed 1996-05-07

Nonetheless, it is obvious from the face of the complaint that Grassini has not alleged sufficient facts to state a cause of action under section 1983 for a deprivation of her rights. Therefore, we will treat the trial court’s dismissal of count VI as a dismissal for failure to state a cause of action under section 2 — 615 of the Code of Civil Procedure (735 ILCS 5/2 — 615 (West 1992).

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

Abels v. Safeway Insurance · filed 1996-08-05

A motion to dismiss for failure to state a cause of action should only be affirmed where no set of facts can be proved under the pleadings which would entitle plaintiff to relief. ... Here, the facts alleged in plaintiff’s complaint do not sufficiently state a cause of action.

Section 2-615 permits a challenge to the legal sufficiency of a complaint based on defects apparent on its face.

Bryson v. News America Publications, Inc. · filed 1996-10-24

A section 2-615 motion attacks the legal sufficiency of a complaint. Such a motion does not raise affirmative factual defenses but alleges only defects on the face of the complaint.

A section 2-615 motion tests whether the complaint’s well-pleaded facts, taken as true and viewed in the plaintiff’s favor, state a cause of action.

Connick v. Suzuki Motor Co., Ltd. · filed 1996-10-18

When the legal sufficiency of a complaint is challenged by a section 2-615 motion to dismiss, all well-pleaded facts in the complaint are 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, are sufficient to establish a cause of action upon which relief may be granted.

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

Burgess v. Pocrnich · filed 1996-11-21

A motion to dismiss, under section 2-615, attacks only the legal sufficiency of the complaint.

Section 2-615 requires a complaint to allege facts that, if proved, would entitle the plaintiff to relief.

Vernon v. Schuster · filed 1996-12-19

In reviewing a motion to dismiss, the pertinent inquiry is whether plaintiff has alleged sufficient facts in the complaint that, if proved, would entitle plaintiff to relief. ... Plaintiffs’ complaint, at least as to counts III and IV, alleges sufficient facts, which if proven, would establish that defendant’s "Diversey Heating” was a "mere continuation” of "Diversey Heating” prior to 1993 that assumed its liabilities.

Section 2-615 tests whether a complaint’s well-pleaded facts, taken as true, state a legally sufficient claim.

Zekman v. Direct American Marketers, Inc. · filed 1997-01-15

A motion to dismiss under section 2-615 challenges the legal sufficiency of the complaint. ... Taking all well-pleaded facts in plaintiff's amended complaint as true, we cannot say as a matter of law that AT & T's actions are not subject to the provisions of the Act. Accordingly, we reverse the trial court's January 26, 1993, ruling dismissing counts V and VI of the amended complaint.

Section 2-615 requires a court reviewing a dismissal to view the complaint in the plaintiff’s favor and decide whether it alleges enough facts to state a cause of action.

Doe v. McKay · filed 1997-03-17

When reviewing the dismissal of a complaint pursuant to section 2—615, we must determine whether the complaint, when considered in the light most favorable to the plaintiff, alleges facts sufficient to state a cause of action.

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

Brock v. Anderson Road Ass'n · filed 1997-03-17

On review of a section 2—615 dismissal, we must determine whether the allegations of the complaint, when interpreted in a light most favorable to the plaintiff, sufficiently set forth a cause of action on which relief may be granted.

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

Jost v. Bailey · filed 1997-02-26

When considering the sufficiency of a complaint under section 2—615, the reviewing court must determine whether the allegations in the complaint, when construed in the light most favorable to the plaintiff, are sufficient to set forth a cause of action upon which relief may be granted.

Section 2-615 requires the court to decide whether the complaint’s alleged facts, viewed favorably to the plaintiff, state a cause of action; review is de novo.

Estate of Strocchia v. City of Chicago · filed 1996-11-01

On review of a motion to dismiss pursuant to section 2-615 of the Code, this court must consider whether, when viewed in a light most favorable to plaintiff, the facts alleged in the complaint adequately set forth a cause of action upon which relief may be granted. The issue is one of law and review is de novo.

Section 2-615 permits dismissal only when no set of facts would sustain the claim.

Kleinwort Benson North America, Inc. v. Quantum Financial Services, Inc. · filed 1996-11-06

An order granting a motion to dismiss pursuant to section 2 — 615 of the Code of Civil Procedure (735 ILCS 5/2 — 615 (West 1994)) is proper only when no set of facts would sustain the claim.

Section 2-615 permits dismissal only when no set of facts would sustain the claim.

Kleinwort Benson North America v. Quantum Financial Services, Inc. · filed 1996-11-06

An order granting a motion to dismiss pursuant to 735 ILCS 5/2-615 (West 1994) is proper only when no set of facts would sustain the claim. ... Accordingly, the circuit court erred in dismissing Quantum's rescission claim.

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

Green v. Chicago Tribune Co. · filed 1996-12-30

When ruling on a section 2-615 motion to dismiss, the trial court must accept as true all well-pleaded facts and all reasonable inferences that can be drawn therefrom. ... Plaintiff's complaint clearly pleads that Calvin was in a private room, and, as the court must accept all well-pleaded facts as true, the trial court's failure to accept that fact as true contributed to the error in its analysis.

Section 2-615 requires courts to read pleadings in the light most favorable to the nonmoving party and dismiss only if the plaintiff can prove no set of facts supporting a cause of action.

In Re Chicago Flood Litigation · filed 1997-02-20

When ruling on a motion to dismiss, either for failure to state a cause of action (735 ILCS 5/2-615 (West 1994)) or because the claims are barred by other affirmative matter that avoids the legal effect of or defeats the claim (735 ILCS 5/2-619(a)(9) (West 1994)), the trial court must interpret all pleadings and supporting documents in the light most favorable to the nonmoving party. The court should grant the motion only if the plaintiff can prove no set of facts that would support a cause of action. On appeal, review is de novo.

Section 2—615 permits dismissal only when no set of facts provable under the pleadings would entitle the plaintiff to relief.

Ahsan v. Eagle, Inc. · filed 1997-03-31

Viewing these allegations in the light most favorable to plaintiff, we find that there is ambiguity as to whether the lease demised all of the premises or only a portion of the premises. This ambiguity precludes dismissal because it appears that a set of facts could be proved that would entitle plaintiff to relief.

On a section 2-615 motion, conclusions of law or fact unsupported by specific facts are not admitted as true.

Verb v. Motorola, Inc. · filed 1996-11-12

It is also well settled that conclusions of law or fact unsupported by specific facts are not admitted.

Section 2-615 asks whether the facts pleaded, if proved, would entitle the plaintiff to relief.

Wright v. City of Danville · filed 1996-12-19

The question presented by a motion to dismiss pursuant to section 2 — 615 is whether sufficient facts are contained in the pleadings which, if established, would entitle the plaintiff to relief.

Section 2-615 motions test whether a complaint states a cause of action upon which relief can be granted.

Brown Leasing, Inc. v. Stone · filed 1996-11-14

Because the trial court dismissed a number of counts in the plaintiff’s original complaint in response to motions to dismiss brought pursuant to section 2 — 615 of the Code, one of the questions to be resolved by this court is whether the dismissed counts state causes of action upon which relief could be granted.

Section 2-615 permits dismissal for failure to state a claim only when the alleged facts could not entitle the plaintiff to relief.

Lee v. Nationwide Cassel, L.P. · filed 1996-11-21

We will sustain a dismissal for failure to state a claim only if it clearly appears that no set of facts could be proved under the allegations which would entitle the party to relief.

Section 2-615 tests whether a complaint sufficiently states a cause of action.

Davis v. Temple · filed 1996-11-26

We initially note that the standard of review on appeal from a motion to dismiss under section 2 — 615 of the Code is whether the complaint sufficiently states a cause of action.

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

American States Insurance v. Bailey · filed 1996-11-27

Turning to Weaver's first contention, it is well established that a complaint should be dismissed on the pleadings only if it is clearly apparent that no set of facts can be proved that would entitle recovery.

Section 2-615 permits dismissal when a complaint fails to allege sufficient facts that, if proved, would entitle the plaintiff to relief.

Mueller v. Community Consolidated School District 54 · filed 1997-03-24

A section 2—615 motion should be granted only in those cases where the complaint fails to allege sufficient facts which, if proved, would entitle the plaintiff to relief.

Section 2-615 is the proper procedure for seeking dismissal of a complaint for failure to state a cause of action.

Douglass v. Dolan · filed 1997-01-17

Although a section 2—615 motion is the proper method to dismiss a complaint for failure to state a cause of action (see Barber-Colman Co. v. A&K Midwest Insulation Co., 236 Ill. App. 3d 1065, 1068 (1992)) ("A motion to dismiss under section 2 — 615 attacks only the legal sufficiency of the complaint”), a court may enter summary judgment where there is no showing of the existence of a duty on the part of the defendant to the plaintiff (Lewis v. Royal Globe Insurance Co., 170 Ill. App. 3d 516, 523 (1988)).

Section 2-615 requires courts to accept well-pleaded facts and reasonable inferences as true and permits dismissal only when the pleadings could not entitle the plaintiff to relief.

Tudor v. Jewel Food Stores, Inc. · filed 1997-04-28

In ruling on a section 2 — 615 motion to dismiss, the court must accept as true all well-pleaded facts and all reasonable inferences that can be drawn therefrom. Kolegas v. Heftel Broadcasting Corp., 154 Ill. 2d 1, 8-9 (1992). The court should not dismiss a complaint under section 2 — 615 unless it clearly appears no set of facts could be proved under the pleadings that would entitle the pleader to relief.

Section 2-615 permits dismissal only when no set of facts provable under the pleadings would entitle the plaintiff to recovery.

Douglas Theater Corp. v. Chicago Title & Trust Co. · filed 1997-05-09

Dismissal of a cause of action pursuant to section 2 — 615 is appropriate only where it clearly appears that no set of facts can be proved under the pleadings that will entitle plaintiff to recovery.

Section 2-615 permits dismissal only when the pleadings show that no provable set of facts would entitle the plaintiff to recovery.

Theater v. Chicago Title & Trust Co. · filed 1997-05-09

Dismissal of a cause of action pursuant to section 2-615 is appropriate only where it clearly appears that no set of facts can be proved under the pleadings which will entitle plaintiff to recovery.

Section 2-615 permits dismissal only when no set of facts proved under the pleadings would entitle the plaintiff to relief.

Jespersen v. Minnesota Mining & Manufacturing Co. · filed 1997-05-30

A complaint should not be dismissed under section 2-615 unless it clearly appears that no set of facts could be proved under the pleadings that would entitle the pleader to relief.

On a section 2-615 motion, the court accepts well-pleaded facts as true and determines whether the complaint states a claim for relief.

Bernhauser v. Glen Ellyn Dodge, Inc. · filed 1997-06-11

When reviewing a motion to dismiss, a court must take as true all well-pleaded facts and determine whether the complaint sufficiently sets forth a claim upon which relief may be granted.

Section 2-615 permits dismissal only when it is clear that no facts provable under the pleadings would entitle the plaintiff to recover.

Lockwood v. Standard & Poor's Corp. · filed 1997-06-13

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.

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

Perona v. Volkswagen of America, Inc. · filed 1997-08-21

In a motion to dismiss (735 ILCS 5/2 — 615 (West 1992)), 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 a motion to dismiss to accept well-pleaded facts and reasonable inferences as true and determine whether the complaint alleges the essential elements of a cause of action.

Krauss v. Board of Election Commissioners · filed 1997-05-23

We review section 2—615 motions de nova. Lawson v. City of Chicago, 278 Ill. App. 3d 628, 634, 662 N.E.2d 1377, 1382 (1996). On review, the court looks to whether the complaint alleged the essential elements of a cause of action and accepts all well-pleaded facts and all reasonable inferences as true.

Section 2-615 permits dismissal when a complaint is substantially insufficient in law; on review, its allegations are read in the plaintiff’s favor.

ARTRA Group, Inc. v. Salomon Bros. Holding Co., Inc. · filed 1997-05-30(a)

Section 2 — 615 of the Code of Civil Procedure provides for dismissal based on defects in the pleadings in that the complaint is "substantially insufficient in law.” 735 ILCS 5/2 — 615(a) (West 1994). On review of a section 2 — 615 dismissal, we must determine whether the allegations of the complaint, when interpreted in a light most favorable to the plaintiff, sufficiently set forth a cause of action on which relief may be granted.

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

Simon v. Wilson · filed 1997-06-27

The question posed by a section 2—615 motion is whether sufficient facts are stated in the complaint which, if established, could entitle the plaintiff to relief.

Section 2-615(a) permits dismissal when a complaint lacks factual allegations sufficient to state a cause of action.

Lewis E. v. Spagnolo · filed 1997-05-02(a)

Without factual allegations alleging the specific wrongs of defendants, the complaint cannot allege a cause of action upon which relief can be granted. Therefore, the trial court did not abuse its discretion in dismissing the complaint.

On a section 2-615 motion, the court decides whether the complaint states a claim, taking well-pleaded facts as true and drawing reasonable inferences for the plaintiff.

Doe v. Roe · filed 1997-05-23

Because the plaintiff’s third-amended complaint (hereinafter complaint) was dismissed pursuant to a section 2 — 615 motion, the question before this court is whether her claim for breach of fiduciary duty set forth a cause of action upon which relief could be granted. ... In conducting that review, we are required to take all well-pleaded facts in the complaint as true, and draw reasonable inferences from those facts that are favorable to the plaintiff.

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.

Cummings v. City of Waterloo · filed 1997-06-24

In a motion to dismiss under section 2 — 615, all well-pleaded facts and all reasonable inferences that can be drawn from these facts are accepted as true.

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

Aardema v. Fitch · filed 1997-08-22

No action will be dismissed on a motion pursuant to section 2—615 for failure to state a cause of action unless it clearly appears that no set of facts can be proved under the pleadings which will entitle plaintiff to relief.

Section 2-615 tests the legal sufficiency of a complaint, treating its well-pleaded facts as admitted.

In Re Estate of Vogel · filed 1997-09-09

For purposes of section 2-615 motions, all well-pleaded facts in the complaint are deemed admitted, and only the legal sufficiency of the complaint is at issue.

A section 2-615 motion challenges the legal sufficiency of a complaint and admits its factual allegations for purposes of the motion.

Natale v. Gottlieb Memorial Hospital · filed 1997-09-19(b)

They challenged the legal sufficiency of plaintiff’s complaint under section 2 — 615 of the Code and, thus, admitted plaintiff’s factual allegations for the purpose of their motion.

Section 2-615(a) permits dismissal of a negligence count that fails to plead facts establishing duty, breach, and an injury proximately caused by the breach.

NBD Bank v. Krueger Ringier, Inc. · filed 1997-09-30(a)

In addition, we hold that the trial court properly dismissed counts II and III of the complaint pursuant to section 2 — 615(a) of the Illinois Code of Civil Procedure. ... Count II of plaintiffs’ complaint alleged only that plaintiffs’ "injuries and damages [were] a direct and proximate result of [defendant’s *** actions.” This allegation is insufficient to assert a claim for negligence. See Kirk v. Michael Reese Hospital & Medical Center, 117 Ill. 2d 507, 525, 513 N.E.2d 387 (1987) (a legally sufficient complaint for negligence must plead facts that establish the existence of a duty owed by defendant to plaintiff, breach of the duty, and an injury proximately caused by the breach).

A section 2-615 motion tests whether the complaint pleads sufficient ultimate facts to state a cause of action; evidentiary details need not be pleaded.

Kling v. Landry · filed 1997-10-10

Because the plaintiff’s complaint was dismissed pursuant to a section 2 — 615 motion, the question before this court is whether her claims set forth a cause of action upon which relief could be granted. ... The plaintiff is only obligated to plead those ultimate facts necessary to state a cause of action and to inform the defendant of the nature of the claim brought against him. ... We therefore conclude that the trial court erred in dismissing count IV and remand the cause for further proceedings as to that count.

Section 2-615(a) tests whether a pleading states a legally sufficient claim, accepting well-pleaded facts as true.

In Re Estate of Goldstein · filed 1997-11-20(a)

A motion to dismiss under this section "tests the legal sufficiency of a pleading and a court must accept all well-pleaded facts as true.” Doe v. Calumet City, 161 Ill. 2d 374, 381, 641 N.E.2d 498, 503 (1994). ... Because Ann failed to name herself as an individual, as well as an independent administrator, counts I and II are, in effect, by the estate against the estate. ... There is no real plaintiff here. For that reason alone the trial court’s judgments on counts I and II should be affirmed.

Section 2-615 asks whether the facts pleaded, if established, would entitle the plaintiff to relief.

Doe v. Noe · filed 1997-12-26

The question presented by a section 2 — 615 motion to dismiss for failure to state a cause of action is whether sufficient facts are contained in the pleadings which, if established, would entitle the plaintiff to relief.

Section 2-615 requires a complaint to allege facts establishing the essential elements of a cause of action to withstand dismissal.

Guice v. Sentinel Technologies, Inc. · filed 1997-12-31

To withstand a motion to dismiss, the complaint must allege facts setting forth the essential elements of a cause of action.

Section 2-615 permits dismissal when a complaint lacks sufficient factual allegations to state a cause of action.

Van Horne v. Muller · filed 1998-01-30

A trial court may grant a motion to dismiss a complaint pursuant to section 2 — 615 of the Code of Civil Procedure (735 ILCS 5/2 — 615 (West 1994)) when the complaint does not contain allegatians of fact sufficient to state a cause of action.

A section 2-615 motion tests whether the complaint alleges facts that, if proved, would entitle the plaintiff to relief.

Giagnorio v. Emmett C. Torkelson Trust · filed 1997-10-10

Initially, we note that the question presented by a section 2 — 615 motion to dismiss is whether sufficient facts are contained in the pleadings which, if proved, would entitle plaintiff to relief.

Section 2-615 motions test a complaint’s legal sufficiency, not its factual sufficiency.

People v. Claar · filed 1997-11-20

A section 2 — 615 motion to dismiss attacks the legal sufficiency of a complaint, not its factual sufficiency.

A section 2-615 motion tests whether the complaint’s allegations, viewed in the plaintiff’s favor, state a cause of action; it addresses defects on the face of the complaint, not affirmative factual defenses.

Vernon v. Schuster · filed 1997-12-18

A section 2-615 motion attacks the legal sufficiency of a complaint. The motion does not raise affirmative factual defenses, but rather alleges only defects on the face of the complaint. 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.

Section 2-615 tests whether a complaint sufficiently states a cause of action.

Brackett v. Galesburg Clinic Ass'n · filed 1997-12-31

On appeal from a order dismissing a complaint pursuant to section 2-615, the issue is whether the complaint sufficiently states a cause of action.

Section 2-615 motions test whether the dismissed counts state causes of action upon which relief can be granted.

Archer Daniels Midland Co. v. City of Chicago · filed 1997-12-31

Because this matter was disposed of at the trial level upon the defendants’ motions to dismiss pursuant to section 2 — 615 of the Code of Civil Procedure (735 ILCS 5/2 — 615 (West 1994)), the only question before this court is whether the dismissed counts state causes of action upon which relief can be granted.

Section 2-615 permits dismissal of a complaint for legal insufficiency only when no facts provable under the pleadings would entitle the plaintiff to recover.

Matter of Liquidation of Medcare Hmo, Inc. · filed 1997-12-31

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 that will entitle the plaintiff to recover.

Section 2-615 permits a motion to dismiss that challenges the legal sufficiency of a complaint.

In re Liquidation of Medcare HMO, Inc. · filed 1997-12-31

A section 2-615 motion to dismiss is used to attack the legal sufficiency of a complaint.

Section 2 — 615 permits dismissal when a complaint’s well-pleaded facts, taken as true, fail to state a cause of action.

Kerger v. Board of Trustees of Community College District No. 502 · filed 1997-12-04

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

On a section 2-615 motion, well-pleaded facts in the complaint and its exhibits are taken as true.

Guick v. Sentinel Technologies · filed 1997-12-31

All well-pleaded facts in the complaint and those contained in exhibits made a part of the complaint are admitted and taken as true for purposes of the motion.

Section 2-615 requires courts to accept well-pleaded facts as true, draw inferences for the nonmovant, and dismiss only when the allegations cannot support relief.

Umble v. Sandy McKie and Sons, Inc. · filed 1998-01-27

The trial court dismissed plaintiff’s complaint pursuant to section 2 — 615 of the Code of Civil Procedure (735 ILCS 5/2 — 615 (West 1994)). In considering a motion to dismiss, all well-pleaded facts must be taken as true and all inferences drawn in favor of the nonmovant. Meerbrey v. Marshall Field & Co., 139 Ill. 2d 455, 473 (1990). A complaint should not be dismissed for failing to state a claim unless it clearly appears that no set of facts could be proved under the allegations that would entitle the plaintiff to relief.

A motion to dismiss under section 2-615 tests whether the complaint, viewed in the plaintiff’s favor, alleges sufficient facts to state a cause of action.

Murillo v. Page · filed 1998-02-04

A review of a motion to dismiss requires this court to determine whether a complaint, when viewed in the light most favorable to plaintiff, alleges sufficient facts to establish a cause of action upon which relief may be granted.

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

Brogan v. Mitchell International, Inc. · filed 1998-02-20

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

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

Neptuno Treuhand-Und Verwaltungsgesellschaft Mbh v. Arbor · filed 1998-03-13

A section 2 — 615 motion for dismissal should not be granted unless it clearly appears that no set of facts could be proved that would entitle plaintiffs to recovery.

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

Woodfield Group, Inc. v. DeLisle · filed 1998-03-31

A section 2 — 615 (735 ILCS 5/2 — 615 (West 1996)) motion for dismissal should not be granted unless it clearly appears that no set of facts could be proved that would entitle the plaintiff to recovery.

Section 2-615 requires a court ruling on a motion to dismiss to accept well-pleaded facts as true and read the pleadings in the nonmoving party’s favor.

Sims v. Tezak · filed 1998-04-13

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

On a section 2-615 motion, courts accept well-pleaded facts and reasonable inferences as true and dismiss only when the pleadings cannot support relief.

Peddinghaus v. Peddinghaus · filed 1998-03-16

When ruling on a section 2 — 615 motion to dismiss, the trial court accepts as true all well-pleaded facts and all reasonable inferences that can be drawn therefrom. ... The trial court should not dismiss a complaint unless it clearly appears no set of facts could be proved under the pleadings entitling plaintiff to relief.

Section 2-615 motions test the legal sufficiency of a pleading, accepting well-pleaded facts and reasonable inferences as true.

Peter J. Hartmann Co. v. Capital Bank and Trust Co. · filed 1998-05-15

A section 2 — 615 motion to dismiss attacks the legal sufficiency of the complaint, whereas a section 2 — 619 motion raises defects or defenses that negate a cause of action, or refute crucial conclusions of law or material fact that are unsupported by allegations of specific fact. ... Motions to dismiss pursuant to either provision admit all well-pleaded facts together with all reasonable inferences that can be gleaned from those facts.

Section 2-615 motions test whether the allegations in a complaint are sufficient to state a claim.

BD. OF DIRECTORS OF BLOOMFIELD CLUB RECREATION ASS'N v. Hoffman Group, Inc. · filed 1998-03-20

At the outset, we note that a section 2-615 motion to dismiss attacks only the sufficiency of the complaint and should be decided on the allegations set forth in the complaint.

A section 2-615 motion tests the sufficiency of a complaint based on its allegations.

Board of Directors v. Hoffman Group, Inc. · filed 1998-03-20

At the outset, we note that a section 2 — 615 motion to dismiss attacks only the suificiency of the complaint and should be decided on the allegations set forth in the complaint.

Section 2-615(b) allows a motion to dismiss that challenges the legal sufficiency of a complaint.

Abbasi v. Paraskevoulakos · filed 1998-05-07(b)

A motion to dismiss under section 2-615 of the Code of Civil Procedure (735 ILCS 5/2-615(b)(West 1994)) challenges the legal sufficiency of the complaint.

Section 2-615 requires a court to view a complaint favorably to the plaintiff and determine whether its alleged facts state a cause of action.

Charleston v. Larson · filed 1998-06-10

When reviewing the dismissal of a complaint pursuant to section 2 — 615, this court must determine whether the complaint, when considered in a light most favorable to the plaintiff, alleged facts sufficient to state a cause of action.

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

Chicago City Day School v. Wade · filed 1998-06-23

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 of a complaint only if no provable set of facts would entitle the plaintiff to relief.

Benge v. State Farm Mutual Automobile Insurance · filed 1998-06-30

A complaint should be dismissed pursuant to section 2 — 615 only if no set of facts can be proven that will entitle the plaintiff to the relief he seeks. ... For these reasons, we find that the trial court correctly dismissed this case for the plaintiffs’ failure to state a cause of action upon which relief could be granted.

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

Benge v. State Farm Mutual Automobile Insurance Co. · filed 1998-06-30

A complaint should be dismissed pursuant to section 2-615 only if no set of facts could be proven which would entitle the plaintiff to the relief he seeks.

A motion under section 2-615 is the proper way to challenge whether a complaint sufficiently alleges a cause of action.

Cameron v. Owens-Corning Fiberglas Corp. · filed 1998-05-29

Whether plaintiff sufficiently alleged a cause of action is properly addressed in a motion to dismiss pursuant to section 2-615 of the Code.

Under section 2-615, a court reviewing dismissal for failure to state a cause of action takes well-pleaded facts as true and may consider only the complaint.

Mattis v. State Universities Retirement System · filed 1998-05-29

In reviewing dismissals for failure to state a cause of action under section 2-615, this court takes as true all well-pleaded facts and their reasonable inferences, while rejecting unsupported conclusions of fact or law, to determine de novo whether sufficient facts are alleged in the pleading that could, if proved, entitle plaintiff to relief. ... The record clearly demonstrates the circuit court improperly considered matters beyond the complaint when it ruled on the motion to dismiss.

Section 2 — 615 permits a motion to dismiss a complaint for failing to state a cause of action.

Gragg v. Calandra · filed 1998-07-06

A section 2 — 615 attacks the legal sufficiency of the complaint by asserting that it fails to state a cause of action upon which relief can be granted.

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

Fuller's Car Wash, Inc. v. Liberty Mutual Insurance · filed 1998-07-27

The question presented by a section 2 — 615 motion to dismiss for failure to state a cause of action is “whether the plaintiff has alleged sufficient facts in the complaint, which, if proved, would entitle the plaintiff to relief.” Boyd v. Travelers Insurance Co., 166 Ill. 2d 188, 194 (1995).

Section 2-615 permits dismissal when a complaint fails to allege facts supporting every element of a claim.

Grund v. Donegan · filed 1998-08-21

A section 2-615 motion attacks the sufficiency of a complaint and raises the question of whether the complaint states a cause of action upon which relief can be granted. ... A complaint fails to state a cause of action if it does not contain factual allegations in support of each element of the claim that the plaintiff must prove in order to sustain a judgment.

Section 2-615 tests whether a complaint alleges sufficient facts to entitle the plaintiff to relief.

Hopewell v. Vitullo · filed 1998-09-22

Under a section 2-615 motion, the question is whether the complaint alleges sufficient facts entitling plaintiff to relief.

Section 2-615 requires the court to view complaint allegations in the plaintiffs’ favor and decide whether they state a cause of action.

Spina v. Toyota Motor Credit Corp. · filed 1998-11-12

As did the trial court, we must ask whether the allegations of plaintiffs' complaint, when viewed in a light most favorable to plaintiffs, are sufficient to state a cause of action upon which relief can be granted.

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

Perez v. Citicorp Mortgage, Inc. · filed 1998-11-13

A section 2 — 615 motion attacks the legal sufficiency of a complaint and our inquiry under these circumstances 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.

On appeal from a section 2-615 dismissal, the court determines whether the complaint alleges facts that, if proved, would entitle the plaintiff to relief.

Brandt v. Time Insurance · filed 1998-12-10

On appeal from a motion to dismiss under section 2-615 of the Code of Civil Procedure (735 ILCS 5/2-615 (West 1996)), this court must determine whether the complaint alleges facts which, if proved, would entitle the plaintiff to relief.

Section 2-615 permits dismissal only when no set of facts could be proved that would entitle the plaintiff to recover; allegations of excessive speed in rain and conscious disregard for safety sufficiently plead willful and wanton misconduct.

Krivitskie v. Cramlett · filed 1998-12-30

A section 2 — 615 motion to dismiss should not be granted unless it clearly appears that no set of facts could be proved that would entitle the plaintiff to recover. ... We hold that plaintiff’s allegation that defendant drove at an excessive rate of speed in the rain and did so while exhibiting utter indifference to or conscious disregard for his safety and the safety of others sufficiently alleged willful and wanton misconduct.

Section 2-615 permits dismissal when a complaint is legally or factually insufficient.

Lykowski v. Bergman · filed 1998-09-18

A complaint is properly dismissed pursuant to section 2 — 615 if it is either legally or factually insufficient. People ex rel. Fahner v. Carriage Way West, Inc., 88 Ill. 2d 300, 430 N.E.2d 1005 (1981). ... For each of these reasons, the trial court correctly granted the section 2 — 615 motion.

A section 2-615 motion asks whether the complaint alleges facts that, if proved, would entitle the plaintiff to relief.

Meng v. Maywood Proviso State Bank · filed 1998-10-16

The question presented by a section 2 — 615 motion to dismiss for failure to state a cause of action is whether sufficient facts are contained in the pleadings which, if established, would entitle the plaintiff to relief.

A section 2-615 motion tests the legal sufficiency of a complaint; the court accepts well-pleaded facts and reasonable inferences as true and dismisses only when no facts provable under the pleadings would entitle the plaintiff to recover.

Van Horne v. Muller · filed 1998-12-03

A motion to dismiss under section 2 — 615 attacks the legal sufficiency of the complaint. Bryson v. News America Publications, Inc., 174 Ill. 2d 77, 86 (1996). In ruling on such a motion, the court must accept as true all well-pleaded facts and reasonable inferences therefrom. Bryson, 174 Ill. 2d at 86. 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.

On a section 2-615 motion, the court must accept the complaint’s allegations and all reasonable inferences from them as true.

Wallace v. Smyth · filed 1998-10-21

For purposes of a 2-615 motion, the judge was required to accept the preceding allegations and all reasonable inferences flowing therefrom as true.

Section 2-615 does not permit a court to resolve factual questions about the adequacy of a trustee’s accountings when deciding a motion to dismiss.

Corsi v. Corsi · filed 1998-12-15

The trial court ruled that satisfactory accountings had been filed, but “[w]hether these documents are so complete and correct as to make plaintiffs’] demand for an accounting unreasonable and unnecessary are questions of fact and not properly a determination to make on a motion to dismiss.” McCormick, 118 Ill. App. 3d at 462, 455 N.E.2d at 110. The plaintiffs’ allegations of breach of trust and inadequacy of accountings are sufficient to support a motion to compel an accounting. ... Further, the trial court erred in granting defendants’ section 2 — 615 motion to dismiss plaintiffs’ third amended complaint.

Section 2-615 permits dismissal only when the pleadings cannot establish any set of facts entitling the plaintiff to relief.

Doe v. TCF BANK ILLINOIS, FSB · filed 1999-01-04

The trial court should not dismiss a complaint pursuant to section 2-615 unless it clearly appears no set of facts could be proved under the pleadings entitling plaintiff to relief.

Section 2-615 permits dismissal only when the pleadings show that no set of facts entitling the plaintiff to relief could be proved.

Neade v. Portes · filed 1999-03-31

Under that section, a trial court should dismiss a complaint only when it clearly appears that no set of facts that would entitle plaintiff to relief could be proved under the pleadings.

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

Small v. Sussman · filed 1999-06-30

As we noted, defendants’ motion to dismiss Small’s amended complaint was brought pursuant to section 2 — 615 of the Code of Civil Procedure (735 ILCS 5/2 — 615 (West 1996)). Under that section, a trial court should dismiss a complaint only when it clearly appears that no set of facts that would entitle plaintiff to relief could be proved under the pleadings.

Section 2-615 permits a claim to proceed when its alleged facts support a viable cause of action, even if the count names a different legal theory.

MORRIS B. CHAPMAN & ASSOCIATES v. Kitzman · filed 1999-02-02

The absence of a segregated fund under the circuit court's control does not mean that count II failed to state a cause of action. Our supreme court has explained the substance-over-form approach of Illinois courts in addressing a dismissal motion under section 2-615: "A motion to dismiss does not lie as long as a good cause of action is stated even if that cause of action is not the one intended to be asserted by the plaintiff. ..."

Section 2-615 tests whether a complaint states a legally sufficient claim; proof of adequately pleaded facts is left for discovery.

North Shore Community Bank & Trust Co. v. Kollar · filed 1999-03-31

From our review of the complaint, we find that the allegations are adequately pled for the purpose of a section 2—615 motion. Proof of the factual allegations would be a matter for discovery.

Section 2-615 is the procedure for challenging a complaint’s failure to state a cause of action; allegations showing potential insurance coverage can be sufficient.

Fremont Compensation Insurance v. Ace-Chicago Great Dane Corp. · filed 1999-03-31

Allegations pertaining to a complaint’s failure to state a cause of action must be raised pursuant to section 2—615 of the Code, not section 2—619. ... Consequently, we reject Potomac’s section 2 — 615 argument that Ace’s claim fails to plead sufficient facts to show that the events alleged in Grossman’s underlying complaint potentially occurred within the term of its policy.

Section 2-615 permits dismissal of a quantum meruit claim when the complaint lacks sufficient facts to determine whether the plaintiff could recover.

Canel and Hale, Ltd. v. Tobin · filed 1999-04-12

The trial court properly dismissed count I of plaintiff’s third amended complaint concerning quantum meruit recovery pursuant to section 2—615 since plaintiff failed to plead sufficient facts to allow the trial court to determine whether plaintiff would be entitled to recover.

Section 2-615 tests whether a complaint alleges sufficient facts to entitle the plaintiff to relief.

Schal Bovis, Inc. v. Casualty Insurance Co. · filed 1999-05-21

Under a section 2-615 motion, the question is whether the complaint alleges sufficient facts entitling plaintiff to relief.

On a section 2-615 motion, the court accepts the complaint’s factual allegations as true and decides whether they state a cause of action.

Parks v. Kownacki · filed 1999-06-01

What is known, however, is that we must accept her allegations as true when considering motions to dismiss the complaint. See Bryson v. News America Publications, Inc., 174 Ill. 2d 77, 672 N.E.2d 1207 (1996). Taking as true these allegations of threats, unfulfilled promises, and rituals intended to bring about forgiveness, forgetfulness, and forbearance, we conclude that they support Gina’s claims of equitable estoppel and her claim of legal disability.

On review of a section 2-615 dismissal, the court takes well-pleaded facts as true and asks whether the complaint states a cause of action.

People ex rel. Department of Children & Family Services v. Cathey · filed 1999-02-24

In reviewing the dismissal of a complaint pursuant to section 2—615 of the Code, 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. Ziemba v. Mierzwa, 142 Ill. 2d 42, 566 N.E.2d 1365 (1991). In making this determination, we take as true all well-pleaded facts in the complaint (142 Ill. 2d at 46, 566 N.E.2d at 1366) and reasonable inferences drawn from those facts. Stinson v. Physicians Immediate Care, Ltd., 269 Ill. App. 3d 659, 646 N.E.2d 930 (1995).

A section 2—615 motion tests whether the complaint, read as a whole with well-pleaded facts taken as true in the plaintiff’s favor, alleges facts that would entitle the plaintiff to relief.

Lloyd v. County of Du Page · filed 1999-03-03

A motion to dismiss brought pursuant to section 2—615 of the Code of Civil Procedure attacks the legal sufficiency of a complaint. XJrbaitis v. Commonwealth Edison, 143 Ill. 2d 458, 475 (1991). The question presented by such a motion is whether, taking all well-pleaded facts as true and considering them in the light most favorable to the plaintiff, the plaintiff has alleged sufficient facts which, if proved, would entitle the plaintiff to relief. Jackson v. Michael Reese Hospital & Medical Center, 294 Ill. App. 3d 1, 9-10 (1997). This determination requires an examination of the complaint as a whole, not its distinct parts.

Section 2-615 tests the legal sufficiency of a complaint; adequately pleaded factual allegations need not be proved at that stage.

North Shore Community Bank and Trust Co. v. Kollar · filed 1999-03-31

From our review of the complaint, we find that the allegations are adequately pled for the purpose of a section 2-615 motion.

Section 2-615 requires courts to view a complaint's allegations in the plaintiff's favor when deciding whether it states a cause of action.

Board of Directors of Bloomfield Club Recreation Ass'n v. Hoffman Group Inc. · filed 1999-05-20

The critical inquiry in deciding upon a section 2-615 motion to dismiss is whether the allegations of the complaint, when considered 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 to view a complaint’s allegations in the plaintiff’s favor and decide whether they state a cause of action.

Bd of Directors of Bloomfield Club Recreation Ass'n v. Hoffman Group, Inc. · filed 1999-05-20

The critical inquiry in deciding upon a section 2–615 motion to dismiss is whether the allegations of the complaint, when considered in a light most favorable to the plaintiff, are sufficient to state a cause of action upon which relief can be granted.

A section 2-615 motion tests whether the complaint alleges sufficient facts for relief, accepting well-pleaded factual allegations as true.

Schal Bovis, Inc. v. Casualty Insurance · filed 1999-05-21

A motion to dismiss pursuant to section 2 — 615 “challenges only the legal sufficiency of the complaint and admits the truth of all well-pleaded factual allegations.” Anderson v. Vanden Dorpel, 172 Ill. 2d 399, 407, 667 N.E.2d 1296 (1996). Under a section 2 — 615 motion, the question is whether the complaint alleges sufficient facts entitling plaintiff to relief.

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.

Houlihan v. City of Chicago · filed 1999-06-30

When determining the legal sufficiency of a complaint under section 2 — 615 of the Code of Civil Procedure, 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 is the proper vehicle for challenging a complaint’s failure to state a cause of action.

Fremont Compensation Insurance Co. v. Ace-Chicago Great Dane Corp. · filed 1999-03-31

Allegations pertaining to a complaint's failure to state a cause of action must be raised pursuant to section 2-615 of the Code, not section 2-619.

Section 2-615 permits dismissal when a complaint is legally insufficient because of defects apparent on its face.

Aboufariss v. City of De Kalb · filed 1999-07-07

In other words, a section 2—615 motion to dismiss attacks the legal sufficiency of the complaint (Bryson v. News America Publications, Inc., 174 Ill. 2d 77, 86 (1996)) and is solely based on defects appearing on the face of the complaint (Becker v. Zellner, 292 Ill. App. 3d 116, 122 (1997)).

On review of a section 2-615 dismissal, the court accepts well-pleaded facts as true and affirms if the allegations, viewed favorably to the plaintiff, fail to state a cause of action.

A.P. Properties, Inc. v. Goshinsky · filed 1999-07-01

The trial court dismissed A.E’s claim pursuant to section 2 — 615. When we review the granting of such a motion, we accept all well-pleaded facts as true, and we should affirm the trial court’s judgment if our de novo review reveals that the allegations, when viewed in the light most favorable to the plaintiff, are insufficient to state a cause of action upon which relief may be granted.

Section 2-615 permits dismissal of a complaint that fails to state a cause of action because it is legally or factually insufficient.

Morris B. Chapman & Associates, Ltd. v. Kitzman · filed 1999-08-27

Under section 2 — 615, a complaint is subject to dismissal if it fails to state a cause of action because of factual or legal insufficiency. ... Accepting these factual allegations as true, Chapman sufficiently states a cause of action under the common-fund doctrine.

Section 2-615 permits dismissal for failure to state a cause of action only when the pleadings clearly show that no provable set of facts would entitle the plaintiff to relief.

Coleman v. Madison Two Associates · filed 1999-09-10

Under section 2 — 615 of the Code of Civil Procedure, no action should be dismissed on a motion for failure to state a cause of action unless it clearly appears that no set of facts can be proved under the pleadings which will entitle plaintiff to relief.

Section 2-615 permits dismissal when a complaint fails to state a cause of action, taking its well-pleaded facts as true.

Flex-O-Glass, Inc. v. City of Dixon · filed 1999-10-01

Because the plaintiffs’ complaint was dismissed pursuant to a section 2 — 615 motion, the question before this court is whether the complaint sets forth a cause of action upon which relief can be granted. ... Absent an allegation that the City treated the plaintiffs differently from other similarly situated nonresidents, the plaintiffs’ complaint fails to state a cause of action and was properly dismissed by the trial court.

Section 2-615 permits dismissal when the complaint, viewed in the plaintiff's favor, fails to state a cause of action.

Abbasi Ex Rel. Abbasi v. Paraskevoulakos · filed 1999-07-01

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

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

Joseph v. Chicago Transit Authority · filed 1999-08-03

A motion to dismiss a complaint pursuant to section 2-615 of the Code of Civil Procedure admits all well-pleaded facts and attacks the legal sufficiency of the complaint, whereas a section 2-619 motion admits the legal sufficiency of plaintiff's complaint and raises defects, defenses or other affirmative matter which appear on the face of the complaint or are established by external submissions which act to defeat the plaintiff's claim.

A section 2-615 motion tests the legal sufficiency of a complaint and admits well-pleaded facts and reasonable inferences from them.

Abrams v. Watchtower Bible & Tract Society of New York, Inc. · filed 1999-08-06

A section 2 — 615 motion challenges the legal sufficiency of the complaint and admits all well-pleaded facts together with all reasonable inferences which can be drawn from those facts.

Section 2-615 allows a motion to dismiss that tests the legal sufficiency of a complaint.

Sneed v. Howell · filed 1999-08-26

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

Section 2-615 permits dismissal only when no facts provable under the pleadings would entitle the plaintiff to relief.

Board of Managers of Weathersfield Condominium Ass'n v. Schaumburg Ltd. Partnership · filed 1999-09-30

A complaint should not be dismissed under section 2 — 615 unless it clearly appears that no set of facts could be proved under the pleadings that would entitle the plaintiff to relief.

Section 2-615 tests whether a complaint states a cause of action upon which relief may be granted.

Colonial Funding, L.L.C. v. American Empire Surplus Lines Insurance Co. · filed 1999-09-30

A section 2-615 motion attacks the sufficiency of a complaint and raises the question whether the complaint states a cause of action upon which relief may be granted.

Section 2-615 allows a party to challenge a complaint’s legal sufficiency, including whether it alleges enough facts to support the claim.

People v. 1515 COOLIDGE AVE., AURORA, ILL. · filed 1999-11-30

A section 2 — 615 motion attacks the legal sufficiency of the complaint (see 735 ILCS 5/2 — 615 (West 1998)) and was the appropriate motion to attack the State’s complaint on the basis that it failed to allege sufficient facts connecting the property to illegal drug activity (see $1,124,905 U.S. Currency, 177 Ill. 2d 314).

Section 2-615 permits dismissal when a complaint does not allege facts sufficient to identify a defendant’s wrongful conduct.

Nolan v. Hillard · filed 1999-12-08

A motion to dismiss brought pursuant to section 2 — 615 attacks the legal sufficiency of the complaint and presents the question of whether the complaint states a cause of action upon which relief could be granted. ... Accordingly, Mayor Daley and Hillard were properly dismissed by the circuit court.

A section 2-615 motion may be granted only when no set of facts could be proved that would entitle the plaintiff to recover.

Schmidt v. Washington · filed 1999-07-15

A trial court should grant a section 2 — 615 motion only if it clearly appears that no set of facts could ever be proved that would entitle the plaintiff to recover.

On a section 2-615 motion, the court views the complaint’s allegations in the plaintiff’s favor and asks whether they sufficiently state a cause of action.

Smagala v. Owen · filed 1999-08-20

The standard of review on appeal from a section 2—615 motion to dismiss is whether the allegations in the complaint, when viewed in the light most favorable to the plaintiff, sufficiently set forth a cause of action upon which relief may be granted.

Section 2-615 requires courts considering a motion to dismiss to read well-pled allegations and supporting documents in the light most favorable to the nonmoving party.

In Re Chicago Flood Litigation · filed 1999-09-30

When considering a motion to dismiss pursuant to section 2-615 of the Illinois Code of Civil Procedure (735 ILCS 5/2-615 (West 1998)) or a denial of a motion for leave to file an amended complaint, the court must interpret all well-pled allegations and supporting documents in the light most favorable to the nonmoving party.

Section 2-615 tests whether a complaint states a claim; the court accepts well-pleaded facts as true and draws reasonable inferences in the plaintiff’s favor.

Colonial Funding, L.L.C. v. American Empire Surplus Lines Insurance · filed 1999-09-30

When ruling on a section 2 — 615 motion to dismiss, the court must accept as true all well-pleaded facts and must construe all reasonable inferences therefrom in the light most favorable to the plaintiff.

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

Nall v. INTERN. ASS'N OF MACH. & AERO. · filed 1999-09-30(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.

Section 2-615 permits dismissal only when it clearly appears that no set of facts provable under the pleadings would entitle the plaintiff to relief.

Bd. of Mgrs of Weathersfield Condominium Ass'n v. Schaumburg Limited Partnership Modification of July 16, 1999 · filed 1999-09-30

A complaint should not be dismissed under section 2-615 unless it clearly appears that no set of facts could be proved under the pleadings that would entitle the plaintiff to relief.

A section 2-615 motion to dismiss tests whether a petition pleads a cause of action, taking well-pleaded facts as true and drawing reasonable inferences in the petitioner’s favor.

In re Petition to Disconnect Certain Territories from Rutland & Dundee Townships Fire Protection District · filed 1999-07-22

Taking all well-pleaded facts in the petition as true (Mount Zion State Bank & Trust v. Consolidated Communications, Inc., 169 Ill. 2d 110, 115 (1995)) and drawing reasonable inferences from those facts that are favorable to petitioners, we conclude that petitioners have properly pleaded a cause of action for disconnection and have alleged sufficient facts in support thereof in accordance with the requirements of the statute. The trial court properly denied respondent’s section 2 — 615 motion to dismiss.

Section 2 — 615 permits a motion challenging a complaint’s legal sufficiency based on defects apparent on the face of the pleadings.

Stinnes Corp. v. Kerr-McGee Coal Corp. · filed 1999-12-14

A section 2 — 615 motion attacks only a complaint’s legal sufficiency; its purpose is not to raise affirmative factual defenses but rather to allege defects apparent on the face of the pleadings.

Section 2-615 permits dismissal for defects on the face of a complaint when its allegations, viewed in the plaintiff’s favor, fail to state a claim.

Gallagher Corp. v. Russ · filed 1999-12-23

Initially, we observe that a section 2 — 615 motion to dismiss challenges only the legal sufficiency of a complaint and alleges only defects on the face of the complaint.

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

Harris v. Adler School of Professional Psychology · filed 1999-12-15

In reviewing a motion to dismiss, the pertinent inquiry is whether plaintiff has alleged sufficient facts in the complaint that, if proved, would entitle plaintiff to relief.

A section 2-615 motion tests a complaint’s legal sufficiency, and the court takes all well-pleaded facts as true.

Carroll v. Faust · filed 2000-02-25

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.

A section 2-615 motion should be granted only when no set of provable facts could entitle the plaintiff to relief.

Perille v. Department of Revenue · filed 2000-05-05

However, such a motion should be granted only when it clearly appears that no set of facts could ever be proved that would entitle the plaintiff to recover. ... The tax objection petitions allege facts under which relief could be granted, if properly established. Therefore, the trial court erred in dismissing the tax objection petitions.

A section 2-615 motion tests whether a complaint sufficiently states a cause of action.

Wood v. Wabash County · filed 1999-12-16(a)

The review of a section 2 — 615 motion requires a court to determine whether a complaint sufficiently states a cause of action. ... Because an implied-in-fact contract was created by defendant’s personnel policy manual, plaintiffs complaint stated a cause of action for breach of her implied employment contract.

Section 2-615 requires a court reviewing dismissal for failure to state a cause of action to accept well-pleaded facts as true and ask whether they could entitle the petitioner to relief.

In Re Estate of Crockett · filed 2000-04-12

In this case, the trial court dismissed the petition for failure to state a cause of action, pursuant to section 2 — 615 of the Code of Civil Procedure (735 ILCS 5/2 — 615 (West 1996)). As such, the reviewing court must take all well-pleaded facts as true. ... The question is whether sufficient facts exist that could entitle petitioners to relief. ... Thus, the trial court incorrectly held that the petition failed to state a cause of action.

Section 2-615 permits dismissal only when the pleaded facts could not entitle the plaintiff to relief.

In Re Anderson · filed 2000-05-05

The granting of a section 2-615 motion is within the sound discretion of the trial court. ... However, such a motion should be granted only when it clearly appears that no set of facts could ever be proved that would entitle the plaintiff to recover. ... The tax objection petitions allege facts under which relief could be granted, if properly established. Therefore, the trial court erred in dismissing the tax objection petitions.

Section 2-615 requires courts to accept well-pleaded facts as true and draw reasonable inferences in the plaintiff’s favor when deciding whether a complaint states a claim.

Player v. Village of Bensenville · filed 1999-12-30

In determining whether to grant a motion to dismiss, a court must take as true all well-pleaded allegations of fact contained in the complaint and construe all reasonable inferences therefrom in favor of the plaintiff. ... Taking all well-pleaded facts as true and making all reasonable inferences from those facts in plaintiffs favor, we conclude that the allegations of plaintiffs complaint were not sufficient to state a cause of action upon which relief may be granted.

Section 2-615 permits dismissal only when it clearly appears that no set of facts under the pleadings would entitle the plaintiff to relief.

Illinois Bell Telephone Co. v. Lake County Grading Co. of Libertyville, Inc. · filed 2000-05-01

A trial court should not dismiss a complaint under section 2 — 615 unless it clearly appears that plaintiff can prove no set of facts under the pleadings which would entitle it to the relief sought.

Section 2-615 tests the legal sufficiency of a complaint; courts take well-pleaded facts as true and draw reasonable inferences in the plaintiff’s favor.

Gardner v. Senior Living Systems, Inc. · filed 2000-06-02

In considering whether the trial court properly dismissed the complaint, we note that a motion to dismiss under section 2 — 615 attacks the legal sufficiency of the complaint. ... The court must take all well-pleaded facts as true and draw all reasonable inferences from those facts that are favorable to the plaintiff.

Section 2-615 requires a complaint to allege sufficient facts that, if proved, would entitle the plaintiff to relief.

Oliveira v. Amoco Oil Co. · filed 2000-02-09

On appeal from a motion to dismiss a complaint under section 2-615, the standard of review is whether the complaint alleged sufficient facts which, if proved, would entitle the plaintiff to relief.

Section 2-615 tests whether a complaint states a legally sufficient cause of action.

Lukwinski v. Stone Container Corp. · filed 2000-03-08(a)

A section 2 — 615 motion to dismiss attacks the legal sufficiency of the plaintiffs claim and presents the question of whether the complaint states a cause of action upon which relief can be granted.

Section 2-615 requires a court to view the alleged facts in the plaintiff’s favor and decide whether the complaint states a cause of action.

Holloway v. Meyer · filed 2000-03-09

When a reviewing court examines a motion to dismiss pursuant to section 2 — 615, the question is whether, when viewed in the light most favorable to the plaintiff, the facts alleged in the complaint adequately state a cause of action.

Section 2-615 permits dismissal when the complaint’s allegations, viewed in the plaintiff’s favor, cannot state a claim for relief.

Randall v. Lemke · filed 2000-03-10

A section 2 — 615 motion to dismiss attacks the legal sufficiency of a complaint. It presents the question whether the complaint’s allegations, viewed in the light most favorable to the plaintiff, are sufficient to state a cause of action upon which relief may be granted. A claim may not be dismissed on the pleadings unless no set of facts may be proved that will entitle the plaintiff to recover.

Section 2-615 tests whether a complaint states a cause of action, accepting its well-pleaded facts and reasonable inferences as true.

Jackson v. South Holland Dodge, Inc. · filed 2000-03-15

A section 2 — 615 motion to dismiss attacks the legal sufficiency of a complaint. ... In ruling on the motion, a court must accept as true all wellpled facts in the complaint and all reasonable inferences that may be drawn from the facts. The question to resolve 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’s allegations, read in the plaintiff’s favor, state a cause of action.

Ward v. Mid-American Energy Co. · filed 2000-05-10

A motion to dismiss filed pursuant to section 2 — 615 of the Code attacks the legal sufficiency of the complaint; a reviewing court must determine whether the allegations of plaintiffs’ complaint, construed in the light most favorable to the plaintiffs, are sufficient to establish a cause of action upon which relief may be granted.

Section 2-615 motions test the legal sufficiency of a complaint based on defects apparent on its face.

People Ex Rel. Ryan v. Telemarketing Associates, Inc. · filed 2000-05-19

Initially, we observe that a section 2 — 615 motion to dismiss challenges only the legal sufficiency of a complaint and alleges only defects on the face of the complaint.

Section 2-615 motions test whether a complaint’s allegations, viewed in the light most favorable to the plaintiff, state a cause of action.

Gonzalzles v. American Express Credit Corp. · filed 2000-06-28

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

On a section 2-615 motion, the court takes well-pleaded facts as true and draws reasonable inferences in the plaintiff’s favor when deciding whether the complaint states a claim.

Rodgers v. Peoples Gas Light & Coke Co. · filed 2000-06-30

In ruling on the motion to dismiss, the trial court was obliged to determine whether the allegations in the complaint, when viewed in the light most favorable to the plaintiff, were sufficient to state a cause of action upon which relief could be granted. All well-pled facts must be taken as true, and all reasonable inferences from those facts must be drawn in favor of the plaintiff. 735 ILCS 5/2 — 615 (West 1996); Connick, 174 Ill. 2d at 490. We conclude that the factual assertions contained in plaintiffs complaint were sufficient to support each of the elements necessary to plead an action for malicious prosecution. We hold, therefore, that the trial court erred in dismissing these claims with prejudice.

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

Levin v. SEIGEL AND CAPITEL, LTD. · filed 2000-07-07

A motion to dismiss under section 2 — 615 of the Code challenges the legal sufficiency of a complaint. 735 ILCS 5/2 — 615 (West 1998). On appeal, this court must conduct de novo review to determine whether sufficient facts are contained in the pleadings which, if proved, would entitle the plaintiff to relief.

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

Kaiser v. Fleming · filed 2000-08-23

Under section 2 — 615 of the Code of Civil Procedure (735 ILCS 5/2 — 615 (West 1998)), the question presented by a motion to dismiss for failure to state a cause of action is whether the plaintiff has alleged sufficient facts in the complaint that, if proved, would entitle the plaintiff to relief.

Section 2-615 permits dismissal when the complaint’s allegations, viewed in the plaintiff’s favor, cannot establish a right to relief.

Indesco Products, Inc. v. Novak · filed 2000-09-08

A motion to dismiss pursuant to section 2 — 615 presents the question whether a complaint’s allegations, viewed in the light most favorable to the plaintiff, are sufficient to state a cause of action upon which relief may be granted. The motion should be granted only if no set of facts could be proved that would entitle the plaintiff to recover.