735 Ill. Comp. Stat. § 5/2-615

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

A.J. Maggio Co. v. Willis · filed 2000-09-26

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 requires a court to view the complaint’s allegations in the plaintiff’s favor and decide whether they state a cause of action.

Hampton v. Village of Washburn · filed 2000-11-16

In deciding upon a section 2 — 615 motion to dismiss, we must determine 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 tests whether a complaint alleges facts that, if proved, would entitle the plaintiff to relief.

Natale v. Gottlieb Memorial Hospital · filed 2000-06-30

The question presented by a motion to dismiss for failure to state a cause of action is whether plaintiff has alleged sufficient facts in the complaint which, if proved, would entitle plaintiff to relief.

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

Robinson v. Toyota Motor Credit Corp. · filed 2000-08-24

A complaint should be dismissed only where it clearly appears that no set of facts could be proved under the pleadings that would entitle the plaintiff to relief.

Section 2-615 is the proper basis for a motion to dismiss a complaint for failure to state a cause of action.

Rekosh v. Parks · filed 2000-09-01

Although brought pursuant to three different sections of the Code of Civil Procedure, defendants’ motions to dismiss were all based upon plaintiffs’ failure to state causes of action upon which relief can be granted, which are properly brought pursuant to section 2 — 615 of the Code of Civil Procedure (735 ILCS 5/2 — 615 (West 1998)).

Section 2-615 permits dismissal for failure to state a cause of action when the complaint alleges no facts that, if established, could entitle the plaintiff to relief.

Ashley v. Snyder · filed 2000-10-19

The question presented by a motion under section 2 — 615 of the Code of Civil Procedure (735 ILCS 5/2 — 615 (West 1998)) to dismiss a complaint for failure to state a cause of action is whether the complaint sets forth sufficient facts which, if established, could entitle the plaintiff to relief.

Section 2-615 permits dismissal when a complaint fails to state a cause of action upon which relief can be granted.

Neade v. Portes · filed 2000-10-26

A motion to dismiss under section 2-615 of the Code of Civil Procedure (735 ILCS 5/2-615 (West 1998)) is properly granted where the plaintiff fails to state a cause of action upon which relief can be granted.

Section 2-615 motions test whether a complaint is legally sufficient; courts accept well-pleaded facts and reasonable inferences as true and read the allegations in the plaintiff’s favor.

American National Bank & Trust Co. v. City of Chicago · filed 2000-08-10

A motion to dismiss brought pursuant to section 2-615 of the Code of Civil Procedure (735 ILCS 5/2-615 (West 1994)) attacks the legal sufficiency of a complaint. In 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 from the complaint. The court is to interpret the allegations of the complaint in the light most favorable to the plaintiff.

A motion to dismiss under section 2-615 admits the complaint’s well-pleaded facts, and dismissal is proper only when no provable set of facts would entitle the plaintiff to recover.

Haddick v. Valor Insurance · filed 2000-08-14(b)

A motion to dismiss pursuant to section 2 — 615 admits all wellpled facts in the plaintiff’s complaint. ... Considering such well-pled facts as true, an involuntary dismissal on the pleadings is proper if it is clearly apparent that no set of facts can be proved that would entitle the plaintiff to recover.

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

Lipman v. Batterson · filed 2000-09-29

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

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

Shaw Industries, Inc. v. Community College District No. 515 · filed 2000-12-12

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 entitle the plaintiff to recover.

Section 2-615 motions test a complaint’s legal sufficiency, with its allegations viewed in the light most favorable to the plaintiff.

Toney v. Bower · filed 2001-02-08

A motion to dismiss under section 2 — 615 of the Code of Civil Procedure (Procedure Code) (735 ILCS 5/2 — 615 (West 1998)) attacks the legal sufficiency of the complaint. The question presented is whether the allegations of the complaint, when viewed in a light most favorable to plaintiffs, are sufficient to state a cause of action upon which relief can be granted.

Section 2—615 tests whether a complaint’s allegations, viewed in the light most favorable to the plaintiff, state a claim for relief.

Givot v. Orr · filed 2001-03-22

The critical inquiry in ruling 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 motion seeking dismissal for failure to state a cause of action is treated as a section 2-615(a) motion.

Smith v. Malone · filed 2000-12-18(a)

Because the motion asked the trial court to dismiss plaintiffs' complaint because it failed to state a cause of action, we treat it as a motion to dismiss pursuant to section 2-615(a) of the Code (735 ILCS 5/2-615(a) (West 1998)).

Section 2-615 requires facts supporting a claim; a conclusory allegation of attorney representation is insufficient without facts showing the attorney knew of the injury.

Keef v. Widuch · filed 2001-03-30

The basis for the additional argument would have been section 2-615 of the Code of Civil Procedure (735 ILCS 5/2-615 (West 1998)), but Widuch did not label her motion as being jointly brought pursuant to sections 2-615 and 2-619. ... In order to state a cause of action, a complaint must contain facts necessary to recover; mere allegations of legal conclusions are not sufficient. ... Count II did make an allegation that Widuch represented him for his 1993 injury, but this was a conclusion unsupported by any fact showing Widuch's knowledge of the 1993 injury. Therefore, count II was properly dismissed by the trial court.

Section 2-615 requires the court to read the pleadings in the nonmoving party’s favor and dismiss only if no set of facts could support a cause of action.

Martin v. Illinois Farmers Insurance · filed 2000-12-29

When ruling on a motion to dismiss under either section 2 — 615 or section 2 — 619 of the Code of Civil Procedure, the circuit 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 a section 2-615 motion to dismiss, the court must accept well-pleaded facts and reasonable inferences from them as true.

Graham v. Commonwealth Edison Co. · filed 2000-12-29

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

Section 2-615 requires courts to read pleadings in the nonmoving party’s favor and permits dismissal only when no set of facts would support a cause of action.

Dial Corp. v. Marine Office of America · filed 2001-01-12

When ruling on a motion to dismiss under either section 2 — 615 or section 2 — 619 of the Code of Civil Procedure, the circuit 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.

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.

Wakulich v. Mraz · filed 2001-03-30

In ruling on a section 2 — 615 motion to dismiss, it must be determined whether the allegations of the complaint, when considered in a light most favorable to the plaintiff, sufficiently state a cause of action upon which relief can be granted.

Section 2-615 tests whether a pleading, viewed in the movant’s favor and accepting well-pleaded facts as true, states a claim for relief; dismissal is reviewed de novo.

In Re Marriage of Petersen · filed 2001-02-01

Count II was dismissed pursuant to section 2 — 615 of the Code (735 ILCS 5/2— 615 (West 1998)) and therefore the standard of review is de novo. Here, the issue is whether the pleading, when viewed in the light most favorable to the movant, alleges facts sufficient to establish a cause of action for which relief may be granted; all well-pleaded facts must be accepted as true. ... Count II of Kevin’s motion was properly dismissed.

Section 2-615 permits dismissal only when the allegations, viewed favorably to the opposing party, fail to state a cause of action.

Platson v. NSM, America, Inc. · filed 2001-05-18

A section 2 — 615 motion attacks the legal sufficiency of a complaint. The dismissal of a count in a complaint for legal insufficiency is appropriate under section 2 — 615 only if, when viewed in a light most favorable to the opposing party, the factual allegations underlying the count are insufficient to state a cause of action upon which relief can be granted.

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

Michael Nicholas, Inc. v. Royal Insurance Co. of America · filed 2001-05-03

A complaint should be dismissed under section 2—615 of the Code of Civil Procedure (735 ILCS 5/2—615 (West 1998)) 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 permits dismissal when the pleadings show that the plaintiff can prove no set of facts entitling him to relief.

Doak v. City of Moline · filed 2001-07-13

A trial court may dismiss a complaint where the pleadings show that the plaintiff can prove no set of facts that would entitle him to relief. See 735 ILCS 5/2—615 (West 1998). ... Therefore, the ordinance is unenforceable and the trial court properly granted Rowe’s motion to dismiss.

Section 2-615 permits dismissal for failure to state a claim, with well-pleaded facts and reasonable inferences taken as true in the plaintiff’s favor.

Oldendorf v. General Motors Corp. · filed 2001-06-07

A section 2 — 615 motion attacks the legal sufficiency of a complaint by asserting that it fails to state a cause of action upon which relief can be granted. ... Viewing the allegations of count IV in the light most favorable to plaintiffs, we conclude that plaintiffs did allege sufficient facts to state a cause of action under the Consumer Fraud Act.

A complaint survives a section 2-615 motion when its allegations, viewed in the plaintiff’s favor, reasonably inform the defendant of the claims and state a cause of action.

Milos v. Hall · filed 2001-09-28

Viewing the allegations in counts VII, VIII, and IX of plaintiffs third amended complaint in a light most favorable to plaintiff, we conclude that the facts alleged reasonably inform Dr. Parks of the nature of the claims he is being called upon to defend and are sufficient to state a cause of action upon which relief can be granted.

Section 2-615(a) requires courts to view complaint allegations in the plaintiff’s favor and dismiss only when no provable facts would entitle the plaintiff to relief.

Appelhans v. McFall · filed 2001-10-15(a)

The question presented by a section 2 — 615(a) 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 may be granted. A cause of action should not be dismissed on the pleadings unless it clearly appears that no set of facts can be proved that will entitle the plaintiff to a recovery.

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

In Re MJ · filed 2001-10-29

A section 2-615 motion poses the question of whether the complaint states a cause of action upon which relief can be granted.

Section 2-615 requires a pleading to allege ultimate facts, but not the evidence supporting those facts.

Casualty Insurance v. Hill Mechanical Group · filed 2001-06-28

A pleader is not required to set out his evidence. Only the ultimate facts to be proved need be alleged, not the evidentiary facts tending to prove such ultimate facts. ... Hill has alleged the ultimate facts that Casualty breached the contract in a number of ways by failing to investigate claims, failing to interview witnesses, paying claims not covered under applicable statutes, and failing to verify workers’ wages, among others.

On a section 2-615 motion, the court accepts well-pleaded facts and reasonable inferences; an allegation of the defendant’s knowledge is an ultimate fact, not a conclusion.

Manuel v. Red Hill Community Unit School District No. 10 Board of Education · filed 2001-08-09

Motions to dismiss pursuant to section 2 — 615 admit all well-pleaded facts, together with all reasonable inferences that can be gleaned from those facts. ... A statement of a defendant’s knowledge is an allegation of ultimate fact and not a conclusion.

Section 2-615 permits dismissal when a complaint alleges legal conclusions without specific facts supporting a cause of action.

La Salle National Bank v. City Suites, Inc. · filed 2001-09-28

In sum, the complaint consists entirely of legal conclusions, rather than specific factual allegations. Such factual deficiencies cannot be cured by liberal construction. Cummings, 289 Ill. App. 3d at 479. Accordingly, count I was properly dismissed under section 2 — 615.

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.

Casualty Insurance Co. v. Hill Mechanical Group · filed 2001-06-28

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

Stroger v. Regional Transportation Authority · filed 2001-08-24

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

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

Haddick Ex Rel. Griffith v. Valor Insurance · filed 2001-11-21

A section 2 — 615 motion to dismiss challenges the legal sufficiency of a complaint. Upon review, all well-pleaded facts in the complaint are taken as true.

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

People Ex Rel. Ryan v. Telemarketing Associates, Inc. · filed 2001-11-21

When reviewing a section 2—615 dismissal, the reviewing court must determine 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 allows a motion challenging the legal sufficiency of a complaint.

Young v. Bryco Arms Note : Opinion text corrected · filed 2001-12-31

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

Section 2-615 permits dismissal when a complaint fails to state a legally recognized claim or plead facts supporting that claim.

Fabricare Equipment Credit Corp. v. Bell, Boyd & Lloyd · filed 2002-03-21

A motion to dismiss pursuant to section 2 — 615 of the Code attacks the legal sufficiency of the complaint for having failed to set forth a legally recognized claim as its basis for recovery or for having failed to plead facts which bring a claim within the legally recognized cause of action alleged.

Section 2-615(a) permits dismissal for failure to state a cause of action only when the petitioner can prove no set of facts supporting the claim.

Hatch v. Szymanski · filed 2001-11-08(a)

The issue presented by a section 2 — 615 motion to dismiss for failure to state a cause of action is whether the petitioner has alleged sufficient facts in the petition that, if proved, would entitle the petitioner to relief. ... Taking the facts in the light most favorable to Hatch, he can prove no set of facts to support a cause of action for mandamus relief. Therefore, we hold as a matter of law that the circuit court did not err by granting the State’s motion to dismiss Hatch’s petition.

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

Hoopingarner v. Stenzel · filed 2002-04-15

A complaint should be dismissed under section 2-615 if it clearly appears that no set of facts could be proved under the pleadings that would entitle the plaintiff to relief.

Section 2-615 requires courts reviewing a complaint’s sufficiency to accept well-pleaded facts as true and read the allegations in the plaintiff’s favor.

Pavlik v. Kornhaber · filed 2001-11-20

Likewise, when the sufficiency of a complaint is challenged by a section 2 — 615 motion, all well-pleaded facts are taken as true and this 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.

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

Citizen's Bank v. American National Bank & Trust Co. · filed 2001-11-30

“In Illinois, the standard of review on appeal from a motion to dismiss pursuant to section 2 — 615 of the Code of Civil Procedure (735 ILCS 5/2 — 615 (West 1996)) is whether the complaint alleges sufficient facts which, if proved, would entitle the plaintiff to relief. Charles v. Seigfried, 165 Ill. 2d 482, 485-86 (1995). Our review is de novo.”

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

Young v. Bryco Arms · filed 2001-12-31

This question of law challenges the legal sufficiency of the complaints and, as such, is appropriately examined under the standard of review applicable to a section 2 — 615 motion to dismiss.

Section 2-615 requires dismissal when the complaint does not allege facts that, if proved, would entitle the plaintiff to relief.

Hill v. St. Paul Federal Bank for Savings · filed 2002-03-29

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 whether the allegations, viewed in the plaintiff’s favor, state a cause of action; dismissal is reviewed de novo.

Morissette v. Briley · filed 2001-12-12

The standard of review for a section 2 — 615 dismissal is de novo. The question presented to the trial court in a section 2 — 615 motion 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 requires allegations that, taken as true with reasonable inferences, are sufficient to state a claim.

In Re Estate of Malbrough · filed 2002-03-29

The facts alleged supporting this theory are set out with the requisite specificity. They are taken as true for purposes of this appeal and support an inference that respondent unjustifiably and intentionally caused Ira’s death. That is all that section 2—615 of the Code requires.

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

City of Burbank v. Czaja · filed 2002-05-08

A motion to dismiss brought under section 2-615 of the Code of Civil Procedure (the "Code") (735 ILCS 5/2-615 (West 1998)) attacks the legal sufficiency of a complaint.

Section 2-615 tests the legal sufficiency of a complaint.

Redwood v. Lierman · filed 2002-06-07

A motion to dismiss under section 2-615 attacks the legal sufficiency of the complaint, whereas a motion to dismiss under section 2-619 admits the legal sufficiency of the complaint, but raises defects or defenses that negate the cause of action or refute crucial conclusions of law or fact that are unsupported by allegations of specific fact.

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

Divane v. Smith · filed 2002-06-18

A motion to dismiss pursuant to section 2 — 615 of the Code tests the legal sufficiency of the plaintiff’s complaint.

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

Oliveira v. Amoco Oil Co. · filed 2002-06-20

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

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

Jarvis v. South Oak Dodge, Inc. · filed 2002-06-20

A motion to dismiss under section 2-615 of the Code (735 ILCS 5/2-615 (West 2000)) challenges only the legal sufficiency of the complaint.

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

Aida v. Time Warner Entertainment Co., LP · filed 2002-06-28

A section 2 — 615 motion admits all well-pleaded facts and attacks only the legal sufficiency of the complaint (735 ILCS 5/2 — 615 (West 2000); Janes v. First Federal Savings & Loan Ass’n of Berwyn, 57 Ill. 2d 398, 406, 312 N.E.2d 605 (1974)); 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 (735 ILCS 5/2- — 619 (West 2000); Joseph v. Chicago Transit Authority, 306 Ill. App. 3d 927, 930, 715 N.E.2d 733, 736 (1999)).

Section 2-615 allows dismissal for defects apparent on the face of a pleading when its allegations, viewed in the plaintiff’s favor, do not state a cause of action.

Bianchi v. Savino Del Bene International Freight Forwarders, Inc. · filed 2002-05-07

A motion to dismiss under section 2 — 615 attacks defects apparent on the face of the complaint and is based on insufficiency in the pleading rather than on the underlying facts. Barber-Colman, 236 Ill. App. 3d at 1068. Thus, it is apparent that in arguing that the citation was “facially invalid,” Savino was asserting a section 2 — 615 argument.

Section 2-615 tests whether a complaint’s allegations, viewed in the plaintiff’s favor, state a cause of action; dismissal is reviewed de novo.

LaPointe v. Chrans · filed 2002-05-14

The question presented to the trial court in a section 2-615 motion 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. The standard of review for a section 2-615 dismissal is de novo.

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

Prime Leasing, Inc. v. Kendig · filed 2002-06-28

“A section 2 — 615 motion poses the question of whether the complaint states a cause of action upon which relief can be granted. [Citation.] ... On a motion to dismiss, this court must accept all well-pleaded facts as true. [Citation.]” In re Parentage of M.J., 325 Ill. App. 3d 826, 829 (2001).

Section 2-615 permits dismissal for legal insufficiency only when the complaint, read in the nonmoving party’s favor, fails to allege facts supporting a cause of action.

Myers v. the Telegraph · filed 2002-07-12

Pursuant to section 2 — 615 of the Code, a motion to dismiss attacks only the legal sufficiency of the complaint. 735 ILCS 5/2 — 615 (West 2000). When considering such an appeal, we interpret all well-pleaded allegations and supporting documents in the light most favorable to the nonmoving party. Only where the plaintiffs fail to allege facts supporting a cause of action should the court grant the motion to dismiss.

Section 2-615 requires allegations of fact that, viewed in the plaintiff’s favor, are sufficient to state a cause of action.

Safeway Insurance v. Daddono · filed 2002-09-27

The very question on appeal from the dismissal of a complaint based on legal insufficiency is whether the allegations in 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. 735 ILCS 5/2 — 615 (West 2000).

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

Veazey v. LaSalle Telecommunications, Inc. · filed 2002-10-30

Because this matter was disposed of at the trial level on the defendant’s motion to dismiss 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.

Section 2-615 requires courts to view allegations in the nonmovant’s favor, but a petition for a preliminary injunction must allege facts supporting the requested relief rather than mere opinions, conclusions, or beliefs.

In Re Marriage of Centioli · filed 2002-11-27

While under section 2 — 615 the allegations are to be taken in the light most favorable to the nonmovant, the petitioner must allege all facts necessary to justify the relief sought; allegations consisting of mere opinion, conclusion or belief are not sufficient to support a petition for preliminary injunction.

Section 2-615(a) motions test the legal sufficiency of a claim; a parental-immunity defense based on affirmative matter must be raised under section 2-619 instead.

Wallace v. Smyth · filed 2002-12-19(a)

A motion to dismiss under section 2-615(a) of the Civil Practice Law (735 ILCS 5/2-615(a) (West 2000)) tests the legal sufficiency of the plaintiff's claim, while a motion to dismiss under section 2-619(a) (735 ILCS 5/2-619(a) (West 2000)) admits the legal sufficiency of the plaintiff's claim, but asserts certain defects or defenses outside the pleading which defeat the claim.

Section 2-615 requires courts to read pleadings and supporting documents in the light most favorable to the nonmoving party when ruling on a motion to dismiss.

Hoff v. Mayer, Brown and Platt · filed 2002-06-04

A trial court ruling on a motion to dismiss under section 2 — 615 interprets all pleadings and supporting documents in the light most favorable to the nonmoving party.

Section 2-615 permits dismissal only when the plaintiff can prove no set of facts supporting a cause of action.

Traube v. Freund · filed 2002-08-14

A section 2 — 615 motion should be granted only if the plaintiff can prove no set of facts that would support a cause of action.

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

Schivarelli v. CBS, INC. · filed 2002-08-16

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 when a complaint fails to allege facts sufficient to state a cause of action.

Thornton v. Kumudcha Shah · filed 2002-08-08

Accordingly, the circuit court’s dismissal of count VI under section 2 — 615 was appropriate because plaintiffs’ complaint fails to allege facts sufficient to state a cause of action for negligent spoliation.

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

Caruth v. Quinley · filed 2002-08-14

The dissent contends that the State's motion to dismiss should have been brought under section 2-615 of the Code, not section 2-619(a)(9), because a section 2-615 motion challenges a complaint for failing to state a cause of action, while a 2-619(a)(9) motion admits the legal sufficiency of a complaint but asserts that it is barred by some affirmative matter. 735 ILCS 5/2-615, 2-619(a)(9) (West 2000). Because defendants' motion to dismiss here asserted that the complaint failed to state a cause of action, the dissent is correct that the defendants' motion came under the wrong section.

Section 2-615 requires courts deciding a motion to dismiss to take factually sufficient allegations as true and assess whether the complaint states a cause of action.

Thomas v. Hileman · filed 2002-08-14

In deciding upon a section 2-615 motion to dismiss, the trial court must determine 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 ( Hampton v. Village of Washburn, 317 Ill.App.3d 439, 442, 251 Ill.Dec. 86, 739 N.E.2d 1019, 1021 (2000)), and the factually sufficient allegations contained in the plaintiff's complaint must be taken as true ( Cult Awareness Network v. Church of Scientology International, 177 Ill.2d 267, 269, 226 Ill.Dec. 604, 685 N.E.2d 1347, 1349 (1997)).

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

Weis v. State Farm Mutual Automobile Insurance · filed 2002-08-29

At the outset, we note that 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 requires a court deciding a motion to dismiss for failure to state a cause of action to determine whether the complaint alleges facts that, if proved, could entitle the plaintiff to relief.

Feltmeier v. Feltmeier · filed 2002-09-18

When a trial judge is presented with a motion to dismiss a case for the failure to state a cause of action pursuant to section 2-615 of the Code of Civil Procedure (735 ILCS 5/2-615 (West 1998)), he or she must determine whether the complaint sets forth sufficient facts that, if established, could entitle the plaintiff to relief.

A section 2-615 motion tests whether a complaint states a cause of action, taking well-pleaded facts as true and construing the allegations in the plaintiff’s favor.

Stroger v. Regional Transportation Authority · filed 2002-09-19

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, 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 motions test the legal sufficiency of a complaint.

McCoy v. Illinois International Port District · filed 2002-09-30

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

Section 2-615 requires a court considering dismissal for failure to state a cause of action to ask whether the complaint alleges facts that, if established, could entitle the plaintiff to relief.

Hale v. Country Mutual Insurance Co. · filed 2002-10-16

When the trial court is presented with a motion to dismiss a case for the failure to state a cause of action pursuant to section 2-615 of the Code of Civil Procedure, the court must determine whether the complaint sets forth sufficient facts that, if established, could entitle the plaintiff to relief.

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

City of Chicago v. Beretta U.S.A. Corp. Supplemental Opinion Upon Grant of Rehearing filed 3/7/03 (see end of this opini · filed 2002-11-04

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

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

Chicago Limousine Service, Inc. v. City of Chicago · filed 2002-11-12

Turning to the substantive merits of plaintiffs contract claim, a section 2 — 615 motion, pursuant to which this case was dismissed, attacks the legal sufficiency of a complaint and should be granted only in those situations where the allegations of the complaint, viewed in a light most favorable to the plaintiff, are insufficient to state a cause of action upon which relief can be granted.

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

Allen v. Berger · filed 2002-12-31

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

Section 2-615 does not permit dismissal of a complaint that states a cause of action on its face.

Armstrong v. Snyder · filed 2003-01-31

Plaintiff's complaint about the September 14, 2000, disciplinary hearing should not have been dismissed pursuant to section 2-615 because it states a cause of action on its face.

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

Wakulich v. Mraz · filed 2003-02-06

A motion to dismiss under section 2-615 of the Code (735 ILCS 5/2-615 (West 2000)) challenges only the legal sufficiency of the complaint.

Section 2-615 tests a pleading’s legal sufficiency by taking well-pleaded facts as true and drawing reasonable inferences in the plaintiff’s favor.

Universal Scrap Metals, Inc. v. J. Sandman & Sons, Inc. · filed 2003-02-28

A motion to dismiss under section 2 — 615 tests the legal sufficiency of a pleading, with all well-pleaded facts taken as true and reasonable inferences from those facts drawn in favor of the plaintiff.

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

In Re Parentage of MJ · filed 2003-02-06

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

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

City of Chicago v. Beretta U.S.A. Corp. · filed 2003-03-07

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

Section 2-615 permits a motion testing the legal sufficiency of a complaint based on defects apparent from its face.

Beahringer v. Page · filed 2003-04-03

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.

Section 2-615 tests whether a complaint states a legally sufficient claim, taking well-pleaded facts as true and construing the allegations in the plaintiff’s favor.

Capiccioni v. Brennan Naperville, Inc. · filed 2003-04-15

A motion to dismiss under section 2—615 of the Code of Civil Procedure (735 ILCS 5/2—615 (West 2000)) challenges only the legal sufficiency of the complaint. ... The critical inquiry is whether the allegations of the complaint, when construed in the light most favorable to the plaintiff, are sufficient to state a cause of action upon which relief may be granted. In making this determination, all well-pleaded facts in the complaint must be taken as true.

On a section 2-615 motion, courts accept well-pleaded facts as true and decide whether the complaint, viewed in the plaintiff’s favor, states a cause of action.

Roe v. Jewish Children's Bureau · filed 2003-05-16

When the sufficiency of a complaint is challenged by a section 2 — 615 motion, all well-pleaded facts are taken as true and this 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 whether the complaint’s allegations, viewed in the petitioner’s favor, state a cause of action.

Taylor v. Cowan · filed 2003-05-22

In a motion to dismiss under section 2—615, a trial court must consider whether the allegations of the complaint, 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 tests whether a complaint alleges facts that, if proved, would entitle the plaintiff to relief.

Doe Ex Rel. Ortega-Prion v. BD. OF EDUC. · filed 2003-06-13

The question to be decided when ruling on a section 2-615 motion to dismiss is whether the plaintiff has alleged sufficient facts which, if proved, would entitle the plaintiff to relief.

Section 2—615 tests whether a complaint alleges facts that, if proved, would entitle the plaintiff to relief; specific allegations of the Board’s knowledge were sufficient to plead willful and wanton misconduct.

Doe v. Chicago Board of Education · filed 2003-06-13

The question to be decided when ruling on a section 2—615 motion to dismiss is whether the plaintiff has alleged sufficient facts which, if proved, would entitle the plaintiff to relief. ... Unlike in A.R., where the plaintiffs’ complaint “contained no specific facts to support the allegation the Board had knowledge of a propensity by male passengers to commit sexual assaults” (A.R., 311 Ill. App. 3d at 32), here, plaintiff has properly pled knowledge on the part of the Board that the attacker was likely to commit a sexual assault on the passengers and that an attendant was required.

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.

Kehoe v. Saltarelli · filed 2003-03-07

When reviewing a section 2 — 615 dismissal, the reviewing court must determine 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 permits dismissal when the complaint’s allegations, viewed in the plaintiff’s favor, fail to state a cause of action.

Adams v. American International Group, Inc. · filed 2003-04-11(a)

A section 2—615 motion should be granted only in those situations where the allegations of the complaint, viewed in a light most favorable to the plaintiff, are insufficient to state a cause of action upon which relief can be granted.

Section 2-615 requires a court deciding a motion to dismiss to accept well-pleaded facts as true and disregard unsupported conclusions when assessing whether a complaint states a cause of action.

NEUROSURGERY AND SPINE SURGERY v. Goldman · filed 2003-05-29

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.

Section 2 — 615 requires courts to accept well-pleaded facts as true and permits dismissal only if no set of facts could entitle the plaintiff to relief.

Castle v. Williams · filed 2003-04-16

A section 2 — 615 motion to dismiss presents the question of whether the complaint sets forth sufficient facts that, if established, could entitle the plaintiff to relief. In deciding such a motion, a court must accept all well-pleaded facts in the complaint as true and draw reasonable inferences from those facts in favor of the pleader. The court should grant the motion only if no set of facts can be proved that will entitle the plaintiff to recover.

Section 2-615 tests whether a complaint states a legally sufficient cause of action and allows dismissal only when no set of facts would entitle the plaintiff to relief.

Nelson v. Crystal Lake Park District · filed 2003-08-27

A section 2 — 615 motion to dismiss 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 on 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. Our review of a dismissal is de novo.

Section 2-615 tests whether a complaint legally and factually states a cause of action based on its allegations.

Chandler v. Illinois Central Railroad · filed 2003-10-02

A section 2 — 615 motion to dismiss attacks the legal sufficiency of the complaint. Illinois Graphics, 159 Ill. 2d at 484. Such a motion does not raise affirmative factual defenses, but alleges only defects appearing on the face of the complaint. Illinois Graphics, 159 Ill. 2d at 484; Kolegas v. Heftel Broadcasting Corp., 154 Ill. 2d 1, 8 (1992). ... 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. Vernon v. Schuster, 179 Ill. 2d 338, 344 (1997); Bryson, 174 Ill. 2d at 86-87. ... The third amended complaint reasonably informed Illinois Central of the nature of the claim which it was called upon to meet. The facts alleged raised a duty owed by Illinois Central. ... It was not necessary that plaintiff allege in formulaic words that Illinois Central had a duty to do or not do a particular thing. See 2 Nichols Illinois Civil Practice § 30:109 (rev. 2002). We conclude that the circuit court erred in granting dismissal.

Section 2-615 tests whether a complaint's allegations are legally and factually sufficient to state a cause of action.

Chandler v. Illinois Central Railroad Co. · filed 2003-10-02

A section 2–615 motion to dismiss attacks the legal sufficiency of the complaint. ... Such a motion does not raise affirmative factual defenses, but alleges only defects appearing on the face of the complaint. ... 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 permits dismissal of a complaint that fails to state a cause of action because of defects apparent on its face.

Cwikla v. Sheir · filed 2003-12-10

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 the complaint but asserts that it is barred by some affirmative matter. Caruth v. Quinley, 333 Ill.App.3d 94, 97, 266 Ill.Dec. 662, 775 N.E.2d 224 (2002). A section 2-615 motion attacks the legal sufficiency of the complaint by alleging defects on the face of the complaint. Van Home v. Muller, 185 Ill.2d 299, 305, 235 Ill.Dec. 715, 705 N.E.2d 898 (1998).

Section 2-615 tests whether a pleading's factual allegations, viewed in the plaintiff's favor, state a cause of action for which relief can be granted.

City of Chicago v. Telegraph Properties Limited Partnership · filed 2003-12-10

A motion to dismiss a complaint brought pursuant to section 2 — 615 of the Code of Civil Procedure tests the legal sufficiency of a pleading. ... The relevant inquiry is whether, when viewed in the light most favorable to the plaintiff, the allegations are sufficient to state a cause of action upon which relief can be granted.

Section 2-615 permits dismissal when a complaint's well-pleaded allegations, viewed favorably to the plaintiff, cannot state a cause of action under any set of facts.

Green v. Trinity International University · filed 2003-12-19

A motion pursuant to section 2 — 615 attacks the legal sufficiency of a complaint. Provenzale v. Forister, 318 Ill. App. 3d 869, 878 (2001). Such a motion admits as true all well-pleaded facts, but not conclusions of law or factual conclusions that are unsupported by allegations of specific facts. Provenzale, 318 Ill. App. 3d at 878. When deciding a section 2 — 615 motion, the court must determine whether the allegations of the complaint, viewed in the light most favorable to the plaintiff, are sufficient to state a cause of action upon which relief may be granted. Abbasi v. Paraskevoulakos, 187 Ill. 2d 386, 391 (1999). A cause of action will not be dismissed on the pleadings unless it clearly appears that the plaintiff would not be entitled to relief under any set of facts. Abbasi, 187 Ill. 2d at 391.

Section 2-615 permits dismissal when a complaint is legally insufficient, and factual issues generally cannot be resolved on the pleadings.

Gerwin v. Livingston County Board · filed 2003-12-31

A motion to dismiss under section 2 — 615 of the Code (735 ILCS 5/2 — 615 (West 2002)) challenges the legal sufficiency of the complaint, whereas a motion to dismiss under section 2 — 619(a) of the Code (735 ILCS 5/2 — 619(a) (West 2002)) admits the legal sufficiency of the complaint but asserts additional matters outside the complaint that defeat the plaintiffs claim.

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

Bajwa v. Metropolitan Life Insurance · filed 2004-01-23

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

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

Bajwa v. Metropolitan Life Insurance Co. · filed 2004-01-23

A section 2–615 motion to dismiss challenges the legal sufficiency of the complaint.

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

Nesby v. Country Mutual Insurance · filed 2004-02-20

A motion to dismiss filed pursuant to section 2 — 615 of the Code of Civil Procedure (735 ILCS 5/2 — 615 (West 2002)), which attacks only the legal sufficiency of a complaint, admits all well-pleaded facts but does not admit unsupported legal or factual conclusions. Benge v. State Farm, Mutual Automobile Insurance Co., 297 Ill. App. 3d 1062, 1066, 697 N.E.2d 914, 917 (1998). The court must interpret the factual allegations in the light most favorable to the plaintiff. Benge, 297 Ill. App. 3d at 1066, 697 N.E.2d at 917. A complaint should be dismissed pursuant to section 2 — 615 only if no set of facts could be proven that would entitle the plaintiff to the relief he seeks. People ex rel. Peters v. Murphy-Knight, 248 Ill. App. 3d 382, 386, 618 N.E.2d 459, 463 (1993). We review the trial court’s ruling on a motion to dismiss de novo, and we can affirm on any basis present in the record. Toombs v. City of Champaign, 245 Ill. App. 3d 580, 583, 615 N.E.2d 50, 51 (1993).

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

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

A section 2-615 motion to dismiss challenges the legal sufficiency of the complaint. ... 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.

Section 2-615 requires dismissal only when the complaint's allegations, construed favorably to the plaintiff, cannot establish a cause of action and permits de novo review.

Worley v. Barger · filed 2004-03-31

Although the motion was filed as a section 2 — 619 motion to dismiss, we will analyze it as a motion to dismiss under section 2 — 615 of the Code of Civil Procedure (735 ILCS 5/2 — 615 (West 2000)), because the motion challenges the legal sufficiency of the complaint. ... 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. A cause of action should be dismissed only if it is clearly apparent from the pleadings that no set of facts can be proven which will entitle the plaintiff to recovery.

Section 2-615 motions admit well-pled facts and test only the legal sufficiency of the complaint.

Crusius v. Illinois Gaming Board · filed 2004-03-31

A section 2 — 615 motion admits all well-pled facts and attacks only the legal sufficiency of the complaint.

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

Bunting v. Progressive Corp. · filed 2004-04-30

In deciding whether a complaint states a cause of action for purposes of a section 2 — 615 motion to dismiss, we must view the allegations in the light most favorable to the plaintiff and accept as true aU well-pleaded facts and aU reasonable inferences derived therefrom.

Section 2-615 governs dismissal for failure to state a cause of action and tests the legal sufficiency of a pleading.

Walton v. Illinois Bell Telephone Co. · filed 2004-11-15

In our view, however, the trial court’s ruling was tantamount to a dismissal under section 2 — 615 of the Code (735 ILCS 5/2 — 615 (West 2002)) for failure to state a cause of action. The trial court essentially ruled, as a matter of law, that a party to a worker’s compensation proceeding may not use an equitable bill of discovery to expand the scope of discovery available under the Commission’s procedural rules. As such, the court’s analysis focused on the legal sufficiency of plaintiffs bill, which is the subject of a section 2 — 615 motion.

Section 2-615 tests whether a complaint’s allegations, viewed in the light most favorable to the plaintiff, state a claim for relief.

MacDonald v. Hinton · filed 2005-09-30

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

Section 2-615 permits dismissal when the facts alleged in a complaint fail to support a cause of action.

Neiman v. Economy Preferred Insurance · filed 2005-05-20

It is precisely in these circumstances, i.e., when the facts alleged fail to support a cause of action, that a section 2 — 615 motion to dismiss should be granted.

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

Whittleman v. Olin Corp. · filed 2005-06-30

When the trial court is presented with a motion to dismiss a case for a failure to state a cause of action, pursuant to section 2 — 615 of the Code of Civil Procedure (735 ILCS 5/2 — 615 (West 2002)), the court must determine whether the complaint sets forth sufficient facts that, if established, could entitle the plaintiff to relief.

Section 2-615 permits dismissal of a petition to vacate an arbitration award when the petition alleges no facts supporting a ground for vacatur.

Yorulmazoglu v. Lake Forest Hospital · filed 2005-08-05

As defendant correctly notes, plaintiff failed to allege any facts in his petition to vacate the award that would support any of these five prongs. ... For the foregoing reasons, pursuant to section 2 — 615 of the Code of Civil Procedure (735 ILCS 5/2 — 615 (West 2004)), we affirm the order of the circuit court of Cook County dismissing plaintiffs verified petition to vacate certain arbitration awards.

Section 2-615 is the proper basis for a motion challenging a complaint for failure to state a cause of action.

Morris Ex Rel. Morris v. Williams · filed 2005-08-23

Thus, paragraph 3 of Wilson's motion to dismiss should have been brought pursuant to section 2-615 (735 ILCS 5/2-615 (West 2002)).

Section 2-615 is the proper basis for a motion arguing that a complaint fails to state a cause of action.

Morris v. Williams · filed 2005-08-23

Thus, paragraph 3 of Wilson's motion to dismiss should have been brought pursuant to section 2-615 (735 ILCS 5/2-615 (West 2002)).

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

Harris v. ChartOne · filed 2005-12-06

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, construed in a 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 the complaint’s legal sufficiency; the court accepts well-pleaded facts and reasonable inferences as true.

Willmschen v. Trinity Lakes Improvement Ass'n · filed 2005-12-27

A section 2 — 615 motion attacks the legal sufficiency of the complaint. Suburban 1, Inc. v. GHS Mortgage, LLC, 358 Ill. App. 3d 769, 772 (2005). In reviewing the sufficiency of the complaint, the court must accept as true all well-pleaded facts in the complaint and all reasonable inferences that can be drawn from those facts.

Section 2-615 allows a motion challenging whether a complaint states a legally sufficient cause of action.

Pappas v. Pella Corp. · filed 2006-02-21

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

A section 2-615 motion tests a complaint’s legal sufficiency, accepts well-pleaded facts but not unsupported conclusions, and permits dismissal only when no provable facts would entitle the plaintiff to relief.

SI SECURITIES v. Bank of Edwardsville · filed 2005-11-04

A motion to dismiss filed pursuant to section 2 — 615 of the Code of Civil Procedure, which attacks only the legal sufficiency of a complaint, admits all well-pleaded facts but does not admit unsupported legal or factual conclusions. Benge v. State Farm Mutual Automobile Insurance Co., 297 Ill. App. 3d 1062, 1066, 697 N.E.2d 914, 917 (1998). A complaint should be dismissed pursuant to section 2 — 615 only if no set of facts could be proven that would entitle the plaintiff to the relief he seeks.

Section 2-615 motions test whether a complaint states a cause of action.

Jackim v. CC-Lake, Inc. · filed 2005-11-21

A section 2 — 615 motion poses the question of whether the complaint states a cause of action. ... Accordingly, we find the plaintiff residents did not and could not state facts sufficient to bring a claim under the statute they relied upon, and affirm the circuit court’s dismissal of their class action complaint.

On review of a section 2-615 dismissal, the court construes the complaint’s allegations in the plaintiff’s favor, decides whether they state a cause of action, and reviews that legal question de novo.

First Midwest Bank, N.A. v. Stewart Title Guaranty Co. · filed 2006-01-20

When a claim has been dismissed for failure to state a cause of action pursuant to section 2 — 615 of the Code, the critical inquiry on review is “whether the allegations of the complaint, when construed in the light most favorable to the plaintiff, are sufficient to establish a cause of action upon which relief may be granted.” Vitro v. Mihelcic, 209 Ill. 2d 76, 81 (2004); Jarvis v. South Oak Dodge, Inc., 201 Ill. 2d 81, 86 (2002). Thus, the issue before us is one of law and our review is de novo. Vitro, 209 Ill. 2d at 81.

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

Board of Trustees of Community College District No. 502 v. Department of Professional Regulation · filed 2006-01-31

A section 2 — 615 motion to dismiss challenges the legal sufficiency of the complaint by alleging defects on its face.

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

Ivory v. Specialized Assistance Services, Inc. · filed 2006-04-07

In reviewing a section 2 — 615 motion to dismiss, we must determine whether the allegations in the complaint, when viewed in a light most favorable to the plaintiff, are sufficient to state a cause of action upon which relief may be granted.

Section 2-615 tests a complaint’s legal sufficiency on its face, accepting well-pleaded facts as true; dismissal is improper when the complaint sufficiently alleges a cause of action.

Oliva v. Amtech Reliable Elevator Co. · filed 2006-05-31

A section 2 — 615 motion to dismiss is based on the pleadings rather than the underlying facts, admits all well-pleaded facts on the face of the complaint and attacks the legal sufficiency of the complaint, alleging only defects on the face of the complaint. ... The amended complaint sufficiently alleged that Amtech exercised its option to extend the lease for an additional three-year term when it remained in possession of the premises and paid the increased rent and that Otis breached the extension agreement when it vacated the premises before that term expired. The court erred in dismissing the amended complaint for failure to state a cause of action on this basis.

Section 2-615 permits a motion challenging a complaint’s legal sufficiency based on defects apparent on its face.

Marshall v. Burger King Corp. · filed 2006-06-22

A section 2-615 motion to dismiss (735 ILCS 5/2-615 (West 2002)) challenges the legal sufficiency of a complaint based on defects apparent on its face.

Section 2-615 is the proper basis for a motion arguing that a complaint fails to state a claim because its allegations do not establish a duty.

Country Mutural Insurance Company v. Carr · filed 2006-07-14

Vogelzang=s argument should have been brought under section 2-615.

A section 2-615 motion should be granted only when it clearly appears that no set of facts could entitle the plaintiff to recover.

Behrens v. Harrah's Illinois Corp. · filed 2006-07-14

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

On a section 2-615 motion, courts accept well-pleaded facts as true and should dismiss only when no provable facts would entitle the plaintiff to recover.

Robinson v. BDO Seidman, LLP · filed 2006-08-24

“In reviewing the granting of a motion to dismiss, this court must accept as true all well-pleaded facts. [Citation.] A court should not dismiss a cause of action on the merits unless it clearly appears that no set of facts can be proved which would entitle the plaintiff to recover.”

Section 2-615 permits dismissal when an exhibit attached to the complaint contradicts the allegations supporting the claim.

Burton v. Airborne Express, Inc. · filed 2006-08-08

The question presented by a section 2 — 615 motion to dismiss is whether sufficient facts are contained in the pleadings that, if proved, would entitle the plaintiff to relief. ... Because the portions of the contract referenced in and attached to the complaint belie the allegations upon which Burton’s breach-of-contract action is premised, the circuit court properly dismissed Burton’s complaint.

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

Russell v. Blagojevich · filed 2006-08-09

A motion to dismiss under section 2 — 615 of the Code tests the legal sufficiency of the complaint. ... In reviewing a section 2 — 615 dismissal, we 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. ... Further, because plaintiff has failed to demonstrate a clear right to the relief he requests and the defendants’ clear duty to act, he has failed to state a claim for mandamus.

Section 2-615 allows a motion to dismiss that challenges the legal sufficiency of a complaint based on defects apparent on its face.

Illinois Native American Bar Ass'n v. University of Illinois · filed 2006-09-19

A motion to dismiss challenges the legal sufficiency of a complaint by alleging defects on its face. 735 ILCS 5/2-615 (West 2000). In reviewing the sufficiency of a complaint, we accept as true all well-pleaded facts and all reasonable inferences that may be drawn from those facts and construe the allegations in the light most favorable to the plaintiff.

Section 2-615 permits a motion to dismiss that challenges a complaint’s legal sufficiency based on defects on its face.

Illinois Native American Bar Assoc. v. University of Illinois · filed 2006-09-19

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

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

Hill v. PS Illinois Trust · filed 2006-09-26

A section 2-615 motion to dismiss challenges only the legal sufficiency of the complaint.

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

Citgo Petroleum Corp. v. McDermott International Inc. · filed 2006-11-08

A section 2—615 motion to dismiss challenges only the legal sufficiency of the complaint.

A section 2-615 motion to dismiss challenges only the legal sufficiency of the complaint.

Citgo Petroleum v. McDermott International · filed 2006-11-08

A section 2-615 motion to dismiss challenges only the legal sufficiency of the complaint.

Section 2-615 permits dismissal of a complaint that fails to state a cause of action.

Rockford Memorial Hosp. v. Havrilesko · filed 2006-10-20

A section 2-615 motion attacks the legal sufficiency of a complaint, which is properly dismissed if it fails to state a cause of action upon which relief can be granted.

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

Kinn v. Prairie Farms/Muller Pinehurst · filed 2006-11-16

A complaint should be dismissed under section 2 — 615 of the Code (735 ILCS 5/2— 615 (West 2004)) 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 the plaintiff to relief.

Section 2-615 governs motions to dismiss for failure to state a cause of action; a court treats a motion according to its substance.

Loman v. Freeman · filed 2006-12-15

In substance, defendant’s motion to dismiss is not a hybrid motion pursuant to section 2 — 619.1 (735 ILCS 5/2— 619.1 (West 2004)) but solely a motion to dismiss pursuant to section 2 — 615 (735 ILCS 5/2 — 615 (West 2004)) for failure to state a cause of action. We will treat it as such.

Section 2-615 tests a pleading’s legal sufficiency on its face and permits dismissal only when no provable facts would entitle the plaintiff to relief.

New Holy Temple Missionary Baptist Church v. Discount Inn, Inc. · filed 2007-02-09

A section 2 — 615 motion to dismiss (735 ILCS 5/2 — 615 (West 2002)) challenges the legal sufficiency of a complaint based on defects apparent on its face. ... A cause of action should not be dismissed pursuant to section 2 — 615 unless it is clearly apparent that no set of facts can be proved that would entitle the plaintiff to recovery.

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

Performance Electric, Inc. v. CIB Bank · filed 2007-02-28

A section 2-615 motion to dismiss attacks the legal sufficiency of a complaint by alleging that the pleading is deficient on its face. ... In our review, we must determine whether the allegations in the complaint, viewed in a light most favorable to plaintiffs, are sufficient to state a cause of action upon which relief may be granted.

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

Spencer v. Ryland Group Inc. · filed 2007-03-23

A motion to dismiss under section 2-615 of the Code (735 ILCS 2-615 (West 2004)) challenges the legal sufficiency of the complaint by alleging defects on its face.

Section 2-615 tests whether a complaint’s well-pleaded facts and reasonable inferences are sufficient to state a cause of action.

Tedrick v. Community Resource Center, Inc. · filed 2007-05-17

In summary, we conclude that the third amended complaint sets forth sufficient factual allegations to establish a cause of action based on theories of a voluntary undertaking and transferred negligence and that the trial court erred in dismissing the action. We therefore order the action reinstated in its entirety. We caution that this appeal is limited to the legal sufficiency of the complaint for purposes of a motion to dismiss under section 2 — 615 of the Code of Civil Procedure.

Section 2-615 tests the legal sufficiency of a complaint, and dismissal is proper only when no facts provable under the pleadings could entitle the plaintiff to recover.

Tedrick v. Community Resource Center · filed 2007-05-17

A motion to dismiss brought pursuant to section 2-615 attacks the legal sufficiency of the complaint. ... It is properly granted only when it clearly appears that no set of facts could ever be proved under the pleadings that would entitle the plaintiff to recover damages.

Section 2-615 permits a motion to dismiss that challenges the legal sufficiency of a complaint based on defects apparent on its face.

Napleton v. Village of Hinsdale · filed 2007-06-16

A section 2 — 615 motion to dismiss attacks the legal sufficiency of a complaint, asserting the presence of defects on the face of the complaint.

Section 2-615 limits review of a pleading dismissal to whether the complaint states a cause of action upon which relief could be granted.

Callahan v. Edgewater Care & Rehabilitation Center, Inc. · filed 2007-07-03

Because this matter was dismissed pursuant to section 2 — 615 of the Code, the only question before this court is whether the plaintiffs complaint states a cause of action upon which relief could be granted.

Section 2-615 allows dismissal when a complaint’s allegations are legally insufficient to state a cause of action.

Pantoja-Cahue v. Ford Motor Credit Co. · filed 2007-07-18

Viewing the complaint in the light most favorable to the nonmoving party, here plaintiff, we must determine whether it alleges sufficient facts to state a cause of action upon which relief may he granted.

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

York Center Fire Protection District v. Kubiesa, Spiroff, Gosselar & Acker, P.C. · filed 2007-07-26

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

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

Ware v. City of Chicago · filed 2007-08-01

In denying the City's motion to dismiss pursuant to section 2-615 of the Code (735 ILCS 5/2-615 (West 2002)), the trial court was required to accept all well-pled facts as true and draw all reasonable inferences in favor of plaintiffs to find that their consolidated complaint sufficiently established a cause of action upon which relief could be granted. ... Accordingly, we answer the first certified question in the affirmative and conclude that the circuit court erred in finding that plaintiffs stated a legally sufficient claim that the City owed them a duty to protect against the inspectors' willful and wanton conduct.

Section 2-615 permits a motion to dismiss that challenges the legal sufficiency of a complaint based on defects apparent on its face.

Rose v. Hollinger International, Inc. · filed 2007-08-14

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

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

Golf v. Henderson · filed 2007-08-29

A reviewing court must determine whether the allegations set out in the complaint, taken in the light most favorable to the plaintiff, sufficiently set forth a cause of action upon which relief may be granted. Perelman, 298 Ill. App. 3d at 1011. ... Accordingly he has stated a cause of action for violation of section 2 of the Consumer Fraud Act.

A complaint facing a section 2-615 motion to dismiss for failure to state a cause of action must be legally and factually sufficient.

Rodriguez v. Illinois Prisoner Review Board · filed 2007-04-10

The grant of a motion to dismiss for a failure to state a cause of action filed pursuant to section 2 — 615 or a motion for an involuntary dismissal based on defects or defenses in the pleadings pursuant to section 2 — 619 of the Code of Civil Procedure (735 ILCS 5/2 — 615, 2 — 619 (West 2004)) is subject to de novo review. ... To survive a motion to dismiss for the failure to state a cause of action, a complaint must be both legally and factually sufficient.

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

Stahelin v. Forest Preserve District · filed 2007-10-10

The legal theories differ for proceeding on a motion to dismiss under section 2 — 615 and section 2 — 619. “A section 2 — 615 motion 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 permits dismissal only when no set of provable facts would entitle the plaintiff to recover.

Iseberg v. Gross · filed 2007-09-20

A claim should not be dismissed pursuant to section 2 — 615 unless no set of facts can be proved which would entitle the plaintiffs to recover.

Section 2-615 permits dismissal for failure to state a cause of action only when it is clearly apparent that no provable facts would entitle the plaintiff to recover.

Fidelity National Title Insurance of New York v. Westhaven Properties Partnership · filed 2007-10-26

A cause of action should be dismissed pursuant to section 2 — 615 only if it is clearly apparent that no set of facts can be proven that will entitle the plaintiff to recover. ... In light of our holding that there was no valid assignment of the partnership interests between Fidelity and Old Intercounty, Fidelity’s claim for tortious interference with contract cannot stand and we therefore affirm the dismissal of count VIII of the third amended complaint.

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

Fidelity National Title Insurance v. Westhaven Properties Partnership · filed 2007-10-26

In ruling on a section 2-615 motion to dismiss for failure to state a cause of action, the court must accept as true all well-pleaded facts in the complaint and draw all reasonable inferences from those facts that are favorable to the plaintiff.

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

Nessler v. Nessler · filed 2008-03-14

A complaint should not be dismissed for failure to state a cause of action under section 2 — 615 unless “it clearly appears that no set of facts could be proved under the pleadings which would entitle the plaintiff to relief.”

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

Heastie v. Roberts · filed 2007-11-01

Accepting as true the well-pleaded facts in plaintiffs amended complaint and the reasonable inferences that may be drawn from those facts, and construing the allegations in the complaint in the light most favorable to the plaintiff, we agree with the appellate court that the trial court erred when it dismissed plaintiffs res ipsa loquitur count on the pleadings prior to trial.