735 Ill. Comp. Stat. § 5/2-615

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

Gorman-Dahm v. BMO Harris Bank, N.A. · filed 2018-03-28

A section 2-615 motion to dismiss tests the legal sufficiency of a complaint. ... Count I for slander of title contained no allegation that defendants intended for the recording of the sheriff’s deed to harm plaintiff’s interests. Accordingly, plaintiff failed to plead a cause of action for slander of title.

Section 2-615 tests whether the facts alleged in a complaint state a claim; an insufficient complaint should be dismissed without prejudice when the plaintiff might prove facts supporting recovery.

Norabuena v. Medtronic, Inc. · filed 2017-09-20

A section 2-615 motion to dismiss presents the question of whether the facts alleged in the complaint, viewed in the light most favorable to the plaintiff, are sufficient to entitle the plaintiff to relief as a matter of law. ... We find that although the pleadings are insufficient, it is not clearly apparent that plaintiffs can prove no set of facts entitling recovery. Accordingly, the dismissal should be without prejudice, and plaintiffs should be given the opportunity to amend their complaint.

A section 2-615 motion challenges the legal sufficiency of the complaint; affidavits cannot be used to turn that challenge into a factual one.

Doe v. Coe · filed 2017-10-20

In fact, in their arguments on appeal, defendants do not treat their section 2-615 and 2-619 challenges as independent but weave the affidavits of Morales and Dorhauer into what they label as an attack on the legal sufficiency of plaintiffs’ complaint. Those aspects that we can identify as proper challenges to the legal sufficiency of the complaint fail to demonstrate an alternative basis for affirmance.

Section 2-615 tests whether a pleading states a legally sufficient claim based on its face, accepting well-pleaded facts and reasonable inferences as true.

Private Bank Ex Rel. Reynolds v. Silver Cross Hosp. & Med. Ctrs., Michelle Alling, Midwest Respiratory, Ltd. · filed 2017-12-15

Motions to dismiss under section 2-615 of the Code challenge the legal sufficiency of a pleading based on defects apparent on its face. Id. In ruling on a section 2-615 motion, a court must accept as true ... all well-pleaded facts and all reasonable inferences that may be drawn from those facts. Id.

Section 2-615 requires a court considering a motion on the pleadings to determine whether the complaint entitles the claimant to relief.

Vivify Construction, LLC v. Nautilus Insurance Co. · filed 2018-01-24

A motion under section 2-615 of the Code of Civil Procedure tests the pleadings’ sufficiency by requiring the court to determine whether a complaint entitles the claimant to relief.

Section 2-615 permits dismissal when defects apparent on the face of a complaint show that it fails to state a cause of action, taking all well-pleaded facts as true.

Bocock v. McGuire · filed 2017-09-28

However, we may affirm the circuit court’s judgment on any basis appearing in the record (Gatreaux v. DKW Enterprises, LLC, 2011 IL App (1st) 103482, ¶ 10), and our review of the record indicates that Bocock failed to state a cause of action upon which relief may be granted. See 735 ILCS 5/2-615 (West 2014); Heastie v. Roberts, 226 Ill. 2d 515, 531 (2007) (a section 2-615 dismissal is based upon defects that are apparent on the face of the complaint). In determining whether the allegations in the complaint are sufficient to state a cause of action upon which relief may be granted, all well-pleaded facts must be taken as true.

On a section 2-615 motion, the court accepts well-pleaded facts as true and dismisses the complaint if the plaintiff can prove no facts that would entitle it to recovery.

Ramsey Herndon LLC v. Whiteside · filed 2017-11-30

The court accepts all well-pleaded facts as true and construes those facts in the light most favorable to the plaintiff. If the plaintiff can prove no set of facts that would entitle it to recovery, the court should grant the motion to dismiss.

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

Shackelford v. Allstate Fire and Casualty Insurance Company · filed 2017-09-29

Thus, 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 permits dismissal only when the pleadings show that no set of facts can be proven that would entitle the plaintiff to recover.

Ledeaux v. Motorola Inc. · filed 2018-02-20

A trial court should not dismiss a cause of action under section 2-615 unless it is clear from the pleadings that no set of facts can be proven that would entitle the plaintiff to recover.

Section 2-615 permits dismissal only when the pleadings clearly show that no set of facts can be proven that would entitle the plaintiff to recover.

Cochran v. Securitas Security Services USA, Inc. · filed 2018-03-02

A cause of action should not be dismissed under section 2-615 unless it is clearly apparent from the pleadings that no set of facts can be proven that would entitle the plaintiff to recover.

A section 2-615 motion should be granted only when it is clearly apparent that no provable facts would entitle the plaintiff to recovery.

Certain Underwriters at Lloyd's, London v. Reproductive Genetics Institute · filed 2018-03-09

A motion to dismiss pursuant to section 2-615 should not be granted unless it is clearly apparent that no set of facts can be proved that would entitle the plaintiff to recovery.

Section 2-615 allows a court to test the legal sufficiency of a complaint.

Quinn v. Board of Education of the City of Chicago · filed 2018-03-30

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

Section 2-615 motions test whether a complaint is legally sufficient based on defects apparent on its face.

Watts v. ADDO Management, L.L.C. · filed 2018-04-30

It is axiomatic that a section 2-615 motion to dismiss tests the legal sufficiency of the complaint based on defects apparent on its face.

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

Quinn v. Board of Education of the City of Chicago · filed 2018-03-29

A trial court should dismiss a count or a cause of action under section 2-615 only if it is readily apparent from the pleadings that there is no possible set of facts that would entitle plaintiffs to the requested relief.

Section 2-615 requires courts to accept well-pleaded facts as true and read allegations in the pleader’s favor; dismissal is proper when the pleadings cannot establish a right to relief.

First Mercury Insurance Company v. Ciolino · filed 2018-05-11

“A section 2-615 motion admits all well-pleaded facts as true, and dismissal is proper when it clearly appears that no set of facts could be proved under the pleadings which would entitle the plaintiff to relief. [Citation.] In ruling on a section 2-615 motion, the complaint’s factual allegations are to be interpreted in the light most favorable to the plaintiff. [Citation.] We ... review a dismissal under section 2-615 de novo. [Citation.]”

Section 2-615 permits dismissal only when defects apparent on the face of the complaint show that no provable facts would entitle the plaintiff to recover.

BMO Harris Bank, N.A. v. Jackson Towers Condominium Assoc. · filed 2018-06-29

The court should not dismiss a cause of action under section 2-615 unless the pleadings clearly show that no set of facts can be proven that would entitle plaintiff to recover.

A section 2-615 motion tests whether the complaint’s allegations, taken as true and viewed favorably to the plaintiff, state a cause of action.

Midwest Medical Records Ass'n v. Brown · filed 2018-04-30

The question presented by a section 2-615 motion is “whether the allegations of the complaint, when taken as true and viewed in a light most favorable to the plaintiff, are sufficient to state a cause of action upon which relief can be granted.” Turner v. Memorial Medical Center, 233 Ill. 2d 494, 499 (2009).

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

Gress v. Lakhani Hospitality, Inc. · filed 2018-05-02

The question presented by a motion to dismiss a complaint under section 2-615 of the Code is whether the complaint alleges sufficient facts that, if proved, would entitle the plaintiff to relief.

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

Village of Belle Rive v. Illinois Central R.R. Co. · filed 2018-06-12

When we analyze a section 2-615 motion, we determine 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 allows a motion to dismiss a complaint for defects in its legal sufficiency that are apparent on its face.

Marque Medicos Archer, LLC v. Liberty Mutual Insurance Company · filed 2018-06-26

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

Section 2-615 permits dismissal when defects apparent on the face of the complaint show that it does not state a claim.

Marque Medicos Archer, LLC v. Liberty Mutual Insurance Company · filed 2018-06-26

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

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

Ledeaux v. Motorola Inc. · filed 2018-07-09

A trial court should not dismiss a cause of action under section 2-615 unless it is clear from the pleadings that no set of facts can be proven that would entitle the plaintiff to recover.

Section 2-615 permits dismissal when defects apparent on the face of a complaint leave it legally insufficient to state a cause of action.

Fox Valley Families Against Planned Parenthood v. Planned Parenthood of Illinois · filed 2018-07-09

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

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

Paliatka v. Bush · filed 2018-07-18

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

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

Gress v. Lakhani Hospitality, Inc. · filed 2018-07-31

The question presented by a motion to dismiss a complaint under section 2-615 of the Code is whether the complaint alleges sufficient facts that, if proved, would entitle the plaintiff to relief.

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

Crosson v. Ruzich · filed 2018-07-31

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

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

Johnson v. Filler · filed 2018-08-02

A motion to dismiss under section 2-615 of the Code (735 ILCS 5/2-615 (West 2016)) challenges the legal sufficiency of a complaint, based on facial defects of the complaint.

Section 2-615 allows a motion challenging the legal sufficiency of a complaint.

Quinn v. Board of Education of the City of Chicago · filed 2018-08-24

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

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

U.S. Bank Trust National Ass'n. v. Lopez · filed 2018-09-26

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 the light most favorable to the plaintiff, are sufficient to establish a cause of action upon which relief may be granted.

Section 2-615 tests whether a pleading alleges facts sufficient to state a claim; unsupported conclusions do not suffice.

BMO Harris Bank, N.A. v. Porter · filed 2018-06-01

A section 2-615 motion attacks the legal sufficiency of a complaint. ... An examination of defendants’ third amended counterclaim reveals it is replete with conclusory statements without sufficient facts to support them.

Section 2-615 allows dismissal of a pleading that is legally insufficient on its face.

The Private Bank v. Silver Cross Hospital and Medical Centers · filed 2018-06-12

Motions to dismiss under section 2-615 of the Code challenge the legal sufficiency of a pleading based on defects apparent on its face.

A section 2-615 motion tests whether the pleadings contain allegations that, if proven, could entitle the plaintiff to relief.

Grundhoffer v. Sorin · filed 2018-07-09

The question presented by a section 2-615 motion to dismiss is whether the pleadings contain sufficient allegations which, if proven, could entitle the plaintiff to relief.

Section 2-615 does not require a plaintiff to plead evidentiary facts when the complaint alleges the ultimate facts needed to state a claim, including the defendant’s knowledge.

Blevins v. Marcheschi · filed 2018-07-09

Because plaintiffs pled the necessary ultimate facts to bring their claims within the causes of action alleged, the original complaint was sufficient. We hold that the trial court erred in dismissing the original complaint pursuant to section 2-615.

A section 2-615 motion raises a question of law, and dismissal is reviewed de novo. A complaint sufficiently pleads a fact when it states the ultimate fact the plaintiff intends to prove.

Paul v. County of Ogle · filed 2018-07-27

A fact is well pleaded if a plaintiff has clearly set out the ultimate fact he or she intends to prove. Id. A motion to dismiss under section 2-615 raises issues of law; we therefore review the dismissal de novo. Id.

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

Johnson v. Filler · filed 2018-10-19

A motion to dismiss under section 2-615 of the Code (735 ILCS 5/2-615 (West 2016)) challenges the legal sufficiency of a complaint, based on facial defects of the complaint.

Section 2-615 permits dismissal only when it is clearly apparent that the plaintiff cannot prove any set of facts entitling the plaintiff to recovery.

Dawson v. City of Geneseo · filed 2018-10-23

A cause of action should not be dismissed pursuant to section 2-615 unless it is clearly apparent that the plaintiff cannot prove any set of facts that will entitle the plaintiff to recovery.

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

Andrews v. Metropolitan Water Reclamation District of Greater Chicago · filed 2018-11-05

A section 2-615 motion to dismiss should not be granted unless no set of facts could be proved that would entitle the plaintiff to relief.

Section 2-615 permits dismissal when the pleadings make it readily apparent that no possible set of facts would entitle the plaintiff to relief.

Porada v. Lavelle · filed 2018-11-09

A trial court should dismiss a complaint under section 2-615 only if it is readily apparent from the pleadings that there is no possible set of facts that would entitle the plaintiff to the requested relief. ... Accordingly, we hold that the trial court properly dismissed Porada’s complaint pursuant to section 2-615 of the Code.

Section 2-615 permits dismissal when a complaint’s facial allegations lack sufficient facts to state a cause of action.

Porada v. Lavelle · filed 2019-02-11

It is clear by reviewing Porada’s complaint on its face that it is insufficient to plead a cause of action. Accordingly, we hold that the trial court properly dismissed Porada’s complaint pursuant to section 2-615 of the Code.

Section 2-615 allows a court to dismiss a complaint for defects in its legal sufficiency apparent on its face.

Marque Medicos Farnsworth, LLC v. Liberty Mutual Insurance Co. · filed 2019-02-25

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

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

Marque Medicos Archer, LLC v. Liberty Mutual Insurance Co. · filed 2019-02-25

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

Section 2-615 governs a motion alleging failure to state a cause of action, even when the motion also cites section 2-619.

Taliani v. Resurreccion · filed 2018-12-03

Although the motion to dismiss referred to both sections 2-615 and 2-619 of the Code (735 ILCS 5/2-615, 2-619 (West 2012)), based upon the allegations that were made in the motion, it is more properly categorized as being just a section 2-615 motion to dismiss, as the section 2-619 portion of the motion alleged the failure to state a cause of action as the affirmative matter that defeated plaintiff’s claim. We will, therefore, treat the motion as being a section 2-615 motion to dismiss.

Section 2-615 allows dismissal when defects apparent on the face of a complaint show that it fails to state a claim.

Sargent Shriver National Center on Poverty Law, Inc v. The Board of Education of the City of Chicago · filed 2018-12-03

A motion to dismiss under section 2-615 “challenges the legal sufficiency of [a] complaint based upon defects apparent on its face.”

Section 2-615 permits dismissal when a complaint fails to allege facts needed to state a claim for relief.

Turner v. Joliet Police Department · filed 2019-01-07

A motion to dismiss under section 2-615 of the Code of Civil Procedure (Civil Code) (735 ILCS 5/2-615 (West 2016)) challenges the legal sufficiency of the complaint and is proper where the complaint fails to state a claim on which relief may be granted. ... Turner’s complaint lacks any allegations of willful and intentional violation of FOIA by JPD. ... The trial court’s dismissal of Turner’s request for a civil penalty because he failed to state a claim was not in error.

Section 2-615 tests whether the pleadings allege enough to entitle the plaintiff to relief if the allegations are proven.

Grundhoffer v. Sorin · filed 2019-01-02

The question presented by a section 2-615 motion to dismiss is whether the pleadings contain sufficient allegations which, if proven, could entitle the plaintiff to relief.

Section 2-615 allows dismissal when defects apparent on the face of a complaint make it legally insufficient.

Doe v. Coe · filed 2019-05-23(a)

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

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

Berry v. City of Chicago · filed 2019-05-23

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

Section 2-615 permits dismissal when defects apparent on the face of a complaint make it legally insufficient.

Direct Auto Insurance Co. v. Bahena · filed 2019-06-13

A motion to dismiss under section 2-615 challenges the legal sufficiency of the complaint by alleging defects apparent on the complaint’s face.

Section 2-615 permits dismissal when the pleadings show that no set of facts can be proven that would entitle the plaintiff to recover.

Quinn v. Board of Election Commissioners for the City of Chicago Electoral Board · filed 2019-06-21

A court should not dismiss a cause of action under section 2-615 unless the pleadings clearly show that no set of facts can be proven that would entitle a plaintiff to recover.

Section 2-615 permits dismissal when it is clear that the plaintiff cannot plead facts entitling them to relief.

Dawson v. City of Geneseo · filed 2019-07-11

A cause of action should not be dismissed pursuant to section 2-615 unless it is clearly apparent that the plaintiff cannot prove any set of facts that will entitle the plaintiff to recovery. ... Because plaintiff did not and could not plead facts sufficient to establish a pension protection clause violation, the trial court properly granted the City’s section 2-615 motion to dismiss count I of plaintiff’s first amended complaint.

Section 2-615 tests whether a complaint is legally sufficient on its face, taking well-pleaded facts and reasonable inferences as true.

Ruiz v. Cal-Ful Condominium Ass'n · filed 2019-09-20

A motion to dismiss pursuant to section 2-615 tests the legal sufficiency of a complaint based on defects apparent on its face. Simpkins v. CSX Transportation, Inc., 2012 IL 110662, ¶ 13. The court must accept as true all well-pleaded facts as well as all reasonable inferences drawn from those facts.

Section 2-615 motions test whether the complaint is legally sufficient on its face.

Trilisky v. City of Chicago · filed 2019-09-26

A section 2-615 motion to dismiss attacks the legal sufficiency of a complaint by alleging defects on the face of the complaint.

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

Berry v. City of Chicago · filed 2019-10-07

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

Section 2-615 permits dismissal of a complaint that lacks an essential element of the claim, including damages for breach of contract.

Davis v. Davis · filed 2019-04-11

As such, his complaint did not include the essential elements to sustain a breach of contract action as Michael is unable to claim damages. The trial court properly found that it failed to state a claim on which relief could be granted. We find the court did not err in dismissing Michael’s complaint pursuant to section 2-615 of the Code.

Section 2-615 permits dismissal of a breach of contract complaint that fails to allege damages, an essential element of the claim.

Davis v. Davis · filed 2019-10-28

As such, his complaint did not include the essential elements to sustain a breach of contract action as Michael is unable to claim damages. The trial court properly found that it failed to state a claim on which relief could be granted. We find the court did not err in dismissing Michael’s complaint pursuant to section 2-615 of the Code.

Section 2-615 permits dismissal for legal insufficiency only when it is clearly apparent that no set of facts can be proved that would entitle the plaintiff to recover.

Roberts v. Board of Trustees of Community College District No. 508 · filed 2019-05-23

A cause of action should not be dismissed under section 2-615 unless it is clearly apparent that no set of facts can be proved that would entitle the plaintiff to recover.

Section 2-615(a) tests whether the facts alleged in a complaint are sufficient to state a claim, accepting well-pleaded facts and reasonable inferences as true.

Vildziuniene v. Rieff · filed 2019-11-01(a)

A section 2-615(a) motion presents the question of whether the facts alleged in the complaint, viewed in a light most favorable to the plaintiff, and taking all well- pleaded facts and all reasonable inferences that may be drawn from those facts as true, are sufficient to state a cause of action upon which relief may be granted.

Section 2-615 tests whether a complaint is legally sufficient to state a claim.

Zander v. Carlson · filed 2019-11-21

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

Section 2-615 tests whether the facts alleged in a complaint, viewed in the plaintiff’s favor, are sufficient to state a claim.

Mohammed v. Hamdard Center for Health & Human Services · filed 2020-01-22

A section 2-615 motion presents the question of whether the facts alleged, when viewed in the light most favorable to the plaintiff, are sufficient to state a claim upon which relief may be granted.

Section 2-615 tests whether a complaint states a legally sufficient claim, construing its allegations in the plaintiff’s favor.

Joseph T. Ryerson & Son, Inc. v. Travelers Indemnity Co. of America · filed 2020-02-11

A motion to dismiss under section 2-615 attacks the legal sufficiency of a complaint. ... The critical inquiry 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.

Section 2-615 challenges a complaint’s legal sufficiency.

Tagco, USA, Inc. v. Trend Global, LLC · filed 2020-02-14

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

Section 2-615 permits dismissal only when it is clearly apparent that no set of facts can be proved that would entitle the plaintiff to recover.

Roberts v. Board of Trustees of Community College District No. 508 · filed 2019-12-10

A cause of action should not be dismissed under section 2-615 unless it is clearly apparent that no set of facts can be proved that would entitle the plaintiff to recover.

A dismissal under section 2-615 is reviewed de novo; a motion raising affirmative matter to defeat a claim is more appropriately filed under section 2-619.

Ammons v. Canadian National Ry. Co. · filed 2020-01-27

The appellate court affirmed the circuit court’s order dismissing Wisconsin Central’s counterclaims pursuant to plaintiffs’ motion under section 2-615 of the Code. Although the motion to dismiss would have been more appropriately filed under section 2-619 of the Code (735 ILCS 5/2-619 (West 2016)) because plaintiffs’ motion sought to raise an affirmative matter seeking to avoid the legal effect of or defeat the claim, our review of a dismissal under either section is de novo.

Section 2-615 permits dismissal only when it is clearly apparent that no facts could be proved entitling the plaintiff to relief.

Hargarten v. Kochel · filed 2020-05-13

A claim should not be dismissed under section 2-615 of the Civil Code “unless it is clearly apparent that no set of facts can be proved that would entitle the plaintiff to recover.”

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

Mokena Community Park District v. Romanek · filed 2020-06-05

A section 2-615 motion to dismiss should be granted only if no set of facts could be proven that would entitle the plaintiff to relief.

Section 2-615 does not support dismissal of a professional negligence claim when the complaint sufficiently pleads the cause of action.

Detterbeck v. Detterbeck · filed 2019-12-11

Lastly, claims of professional negligence were improperly dismissed under section 2-615 where plaintiffs sufficiently plead their cause of action.

A section 2-615 motion to strike or dismiss an affirmative defense or counterclaim admits well-pleaded facts and tests only the pleading’s legal sufficiency.

Markel Insurance Co. v. Energym Gymnastics, Inc. · filed 2019-12-17

A motion to strike or dismiss an affirmative defense or counterclaim admits all well-pleaded facts and attacks only the legal sufficiency of the pleading.

Section 2-615 permits dismissal when a complaint lacks facts sufficient to state a legally cognizable claim.

Foster v. Cigna Healthspring, THC-Chicago, Inc. · filed 2019-12-24

After reviewing Foster’s amended ... complaint, we find that the complaint was both legally and factually insufficient to state a medical malpractice claim against defendants and dismissal under section 2-615 was proper.

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

Johnson v. Highland Elementary School · filed 2020-02-06

A complaint should be dismissed under section 2-615 only if it is clearly apparent that no set of facts can be proved that would entitle the plaintiff to relief, and we review the circuit court’s ruling de novo.

Section 2-615 tests the legal sufficiency of a pleading, with its allegations construed in the pleader’s favor.

Freed v. Freed · filed 2020-02-13

Here, in construing the petition in the light most favorable to the petitioners, the allegations in the petition were sufficient to establish a claim for attorney fees based on the common fund doctrine outlined in Rennacker.

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

Oliver v. Illinois Court of Claims · filed 2020-04-03

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

Section 2-615 permits dismissal when a complaint relies on conclusions without specific facts sufficient to state a claim.

In re Estate of Short · filed 2020-04-07

“A complaint should be dismissed under section 2-615 only if it is clearly apparent from the pleadings that no set of facts can be proved that would entitle the plaintiff to recovery.” Id. ... Here, in his amended complaint, petitioner makes conclusory statements and fails to allege facts supporting his lack of capacity claim. Pleading that Sarah’s illness and pain medicine consumption defeated her capacity fails to satisfy basic pleading requirements. Missing are any facts describing how any incapacity manifested itself. Thus, the trial court properly dismissed count II of petitioner’s complaint for failure to state a cause of action for lack of capacity.

Section 2-615 motions test a complaint’s legal sufficiency based on defects appearing on its face, without raising affirmative factual defenses.

Vega v. Harroun · filed 2020-04-17

A section 2-615 motion to dismiss attacks the legal sufficiency of the complaint; it does not raise affirmative factual defenses, but alleges only defects appearing on the face of the complaint.

Section 2-615 permits dismissal when allegations, viewed in the light most favorable to the petitioner, clearly do not entitle the petitioner to relief.

Bortone v. Court of Claims · filed 2020-04-23

Even when taking the allegations in Bortone’s petition for writ of certiorari in the light most favorable to him, it is clearly apparent that his allegations would not entitle him to the relief sought because he has not sufficiently alleged a deprivation of his right to due process. The circuit court therefore correctly found that his petition did not sufficiently raise a due process violation, and accordingly, its dismissal pursuant to section 2-615 of the Code (735 ILCS 5/2-615 (West 2016)) must be affirmed.

Section 2-615 permits dismissal when a complaint fails to plead facts supporting a legally recognized cause of action.

Townsel v. Confederate · filed 2020-01-27

Townsel’s second amended complaint is insufficient under section 2-615 because he failed to present legally and factually sufficient claims as a basis for recovery or to plead facts which ... bring the claim within a legally recognized cause of action.

Section 2-615 allows dismissal when a complaint fails to state a cause of action even if its allegations are taken as true.

Peters v. Keefe · filed 2020-02-26

A motion to dismiss brought under section 2-615 of the Code attacks the sufficiency of the complaint, on the basis that, even assuming the allegations of the complaint to be true, the complaint does not state a cause of action that would entitle the plaintiff to relief.

A section 2-615 motion tests whether a complaint is legally sufficient based on defects apparent on its face.

Ruiz v. Cal-Ful Condominium Ass'n · filed 2020-05-27

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

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

Hurtado v. Taylor · filed 2020-06-11

A complaint should not be dismissed under section 2-615 of the Civil Code “unless it is clearly apparent that no set of facts can be proved that would entitle the plaintiff to recover.” Id. ... We find plaintiff has sufficiently pled, for purposes of surviving a section 2-615 motion to dismiss, a due process violation based on the alleged refusal to interview requested witnesses.

Section 2-615 permits dismissal for defects in a complaint’s legal sufficiency that are apparent on its face.

Avery v. GRI Fox Run, LLC · filed 2020-06-24

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

Section 2-615 tests whether a complaint’s allegations, viewed favorably to the plaintiff, state a cause of action.

Benton v. Little League Baseball, Inc. · filed 2020-06-30

A motion to dismiss pursuant to section 2-615 attacks the legal sufficiency of the complaint, and the essential question is whether the allegations of the complaint, when construed in the light most favorable to the plaintiff, are sufficient to establish a cause of action upon which relief may be granted.

Section 2-615 permits dismissal when a complaint is legally insufficient on its face, including when it alleges no recoverable damages.

Smith v. Sterling National Bank · filed 2020-07-21

Counts I and III of the amended complaint were dismissed pursuant to section 2-615 of the Code of Civil Procedure. 735 ILCS 5/2-615 (West 2018). A motion to dismiss under that section challenges the legal sufficiency of a complaint, based on defects apparent on its face. ... We reject the plaintiffs’ argument that attorney fees can be awarded as damages in the context presented here and conclude the trial court properly dismissed counts I and III.

Section 2-615 permits dismissal with prejudice when a complaint fails to state a legally sufficient claim.

Grissom v. Williams · filed 2020-07-21

A section 2-615 motion to dismiss challenges the legal sufficiency of a complaint, while a section 2-619 motion to dismiss admits the sufficiency, but asserts a defense outside the complaint that defeats it. ... We conclude the trial court did not err as a matter of law when it dismissed the plaintiff’s second amended complaint with prejudice under section 2-615 of the Code.

Section 2-615 permits dismissal when a complaint is legally insufficient; the court may consider judicially noticeable records when deciding the motion.

Faults v. Blake · filed 2020-09-01

A motion to dismiss under section 2-615 challenges a complaint’s legal sufficiency based on defects apparent on the face of the complaint. ... Of specific import to our analysis here, the court can also consider judicial admissions in the record and matters of which the court is entitled to judicial notice. ... In light of our finding that the circuit court properly dismissed the complaint pursuant to section 2-615 of the Code (735 ILCS 5/2-615 (West 2018)), we need not consider whether the circuit court also properly dismissed it under section 2-619(a)(9) (id. § 2-619(a)(9)).

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

Sharp v. Baldwin · filed 2020-09-11

Thus, construing the allegations of the complaint in the light most favorable to plaintiff, we find that the allegations were insufficient to establish a cause of action upon which relief may be granted. Therefore, dismissal pursuant to section 2-615 of the Code was appropriate.

Section 2-615 tests whether the pleadings contain allegations that, if proven, could entitle the plaintiff to relief.

Grundhoefer v. Sorin · filed 2020-06-30

The question presented by a section 2-615 motion to dismiss is whether the pleadings contain sufficient allegations which, if proven, could entitle the plaintiff to relief.

A section 2-615 motion tests whether defects apparent on the face of a complaint make it legally insufficient.

Johnson v. Baldwin · filed 2020-07-15

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

Section 2-615 permits dismissal when a complaint’s allegations, taken as true and viewed favorably to the plaintiff, fail to state a claim for relief.

Feis Equities, LLC v. Sompo International Holdings, Ltd. · filed 2020-08-17

A motion to dismiss under section 2-615 challenges whether the allegations of the complaint, taken as true and 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 when no set of facts under the pleadings would entitle the plaintiff to relief.

Scatchell v. Village of Melrose Park · filed 2020-07-06

We hold that the dismissal of plaintiff’s second-amended complaint with prejudice pursuant to section 2-615 of the Code was warranted. Plaintiff can prove no set of facts under the ... pleadings that would entitle him to declaratory relief.

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

21 Kristin Condominium Ass'n v. Pioneer Engineering & Environmental Services, LLC · filed 2020-09-30

“[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.” ... The Association stated a cause of action by adequately alleging facts that could support a finding that Pioneer negligently misrepresented the condition of the building.

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

Trevino v. Baldwin · filed 2020-07-30

A complaint should not be dismissed under section 2-615 of the Civil Code “unless it is clearly apparent that no set of facts can be proved that would entitle the plaintiff to recover.” Id.

Section 2-615 requires a court to take well-pleaded facts as true and decide whether the complaint states a cause of action.

National Alliance of Wound Care, Inc. v. Morgan · filed 2020-11-09

The question presented by a section 2-615 motion is whether the allegations of the complaint, taking all well-pleaded facts as true and considering them in a light most favorable to the plaintiff, are sufficient to establish a cause of action upon which relief may be granted.

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

Whitehead v. Baldwin · filed 2020-12-03

A motion to dismiss under section 2-615 of the Code challenges only the legal sufficiency of the complaint. ... Here, plaintiff’s petition fails to sufficiently set forth a cause of action for mandamus relief, as the failure to follow DOC regulations does not—by itself—create an independent right of action which allows an inmate to file suit to compel a correctional officer to comply with the regulation in state court. Thus, the trial court’s dismissal was proper.

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

Agrusa v. L'Oréal USA Products, Inc. · filed 2020-12-31

In determining the legal sufficiency of a complaint under section 2-615, all well-plead facts are taken as true and reasonable inferences from those facts are drawn in favor of the plaintiff.

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

Lawson v. Iaderosa · filed 2020-10-26

“Thus, 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 permits dismissal when no set of facts can be proved that would entitle the plaintiff to recovery.

Amico v. Allstate Corp. · filed 2020-10-30

Since no set of facts can be proved that would entitle plaintiff to a recovery, the trial court properly granted Allstate’s section 2-615 motion to dismiss plaintiff’s declaratory judgment action.

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

Crawford v. Hayen · filed 2020-11-20

Dismissal pursuant to section 2-615 of the Code of Civil Procedure is not appropriate unless it is clear that no set of facts can be proved that would entitle plaintiff to recover. ... Therefore, dismissal of count VI pursuant to section 2-615 was improper.

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

Storey v. City of Alton · filed 2020-11-23

When ruling on a motion to dismiss under either section 2-615 or section 2-619, the court accepts all well-pleaded facts in the complaint as true and draws all reasonable inferences from those facts in favor of the nonmoving party.

Section 2-615 requires courts to accept well-pleaded facts when reviewing a motion to dismiss, but conclusory or speculative allegations cannot sustain a complaint.

Calloway v. Chicago Board of Election Commissioners · filed 2020-10-30

Though we accept all well-pled facts when reviewing a section 2-615 motion to dismiss, a complaint will not survive this analysis if it consists only of conclusory or speculative allegations.

Section 2-615 tests whether a complaint states a claim while treating its factual allegations as true.

Embassy University v. Institute in Basic Life Principles, Inc. · filed 2020-11-02

A motion to dismiss brought under section 2-615 attacks the sufficiency of the complaint, on the basis that, even assuming the allegations of the complaint to be true, the complaint does not state a cause of action that would entitle the plaintiff to relief.

Section 2-615 permits dismissal when a petition’s allegations, viewed in the petitioner’s favor, are legally insufficient to establish entitlement to relief.

In re Marriage of Sweet · filed 2020-11-10

A motion to dismiss pursuant to section 2-615 of the Code (735 ILCS 5/2-615 (West 2012)) attacks the legal sufficiency of the petition. ... We find this allegation, even when viewed in the light most favorable to the appellant, is insufficient to establish that she is entitled to relief.

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

Tzakis v. Maine Township · filed 2020-11-19

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

Section 2-615 does not require specific allegations about a past lease when that lease is not an essential element of the claim.

Hill Company v. Airy's Inc. · filed 2020-12-11

As plaintiff’s action alleges that non-payment of rent began in 2019, well after month-to-month tenancy allegedly began, the historic basis for Airy’s Inc.’s tenancy is not in the least an essential element of plaintiff’s case and any non-specificity or vagueness in alleging that historic basis is not fatal to the complaint.

Section 2-615 permits dismissal of an adverse claim that lacks well-pleaded facts which, if proven, would entitle the claimant to relief.

Koehler v. The Packer Group, Inc. · filed 2020-12-30

Though we find from the record Paula and the co-trustees’ appear to have an ownership claim in the property at issue, we cannot say the adverse claim filed is legally sufficient because it is devoid of any well-plead facts on the face of the pleading that, if proven, would entitle them to relief. Accordingly, we affirm the trial court’s order granting plaintiff’s motion to dismiss Paula and the co-trustees’ adverse claim pursuant to section 2-615 of the Code.

Section 2-615 permits dismissal only when the petition clearly shows that no provable facts would entitle the petitioner to relief.

People v. Patel · filed 2021-01-07

A petition should be dismissed under section 2-615 only if it is clearly apparent from the petition that no set of facts can be proved that would entitle the petitioner to recovery.

Section 2-615 permits dismissal when a complaint fails to allege facts satisfying the elements of a claim.

White v. Fitzpatrick · filed 2021-01-19

First, the central argument that the defendants make in their motions to dismiss is that Coralynn has failed to state a claim because she has failed to allege facts which fulfill all of the necessary requirements of either malicious prosecution or abuse of process. This is the exact type of argument contemplated under section 2-615 of the Code and properly brought in a section 2-615 motion to dismiss.

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

21 Kristin Condominium Ass'n v. Pioneer Engineering & Environmental Services, LLC · filed 2020-11-30

“[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 requires factual allegations supporting a claimed injury; a conclusory assertion of injury is insufficient to survive dismissal.

Bell v. Access Credit Union · filed 2020-12-18

Because plaintiff’s claim that she suffered injury is a mere conclusion of fact unsupported by any specific factual allegations, it is insufficient to allow her complaint to survive a section 2-615 motion to dismiss.

Section 2-615 tests whether a complaint's allegations, read in the plaintiff's favor, are legally sufficient to establish a cause of action.

Joseph T. Ryerson & Son, Inc. v. Travelers Indemnity Co. of America · filed 2021-01-21

The critical inquiry 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.

Section 2-615 permits dismissal when a pleading lacks sufficient facts to support the relief sought.

Scribe/Subscribe Funding, LLC v. Stolarik · filed 2021-01-22

A motion filed under section 2-615 of the Illinois Code of Civil Procedure “challenges only the legal sufficiency of a complaint and alleges only defects on the face of the complaint.” Sandholm v. Kuecker, 2012 IL 111443, ¶ 54. ... Therefore, the trial court properly granted plaintiff’s section 2-615 motion to dismiss defendant’s motion to vacate the August 24, 2018, order directing issuance of a tax deed.

Section 2-615 permits dismissal when defects apparent on the face of a complaint make it legally insufficient.

Mathias v. Winnebago Community Unit School District 323 · filed 2021-01-25

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

A section 2-615 motion challenges a complaint’s legal sufficiency and must identify specific defects on its face.

Land Crafters, Inc. v. Apex Landscaping, Inc. · filed 2021-01-29

A section 2-615 motion to dismiss attacks the legal sufficiency of the complaint and it must point, with specificity, to the alleged defects on the face of the complaint.

Section 2-615 permits dismissal of a habeas corpus petition that fails to state a legally sufficient claim for relief.

Brown v. Kennedy · filed 2021-02-10

Pursuant to the State’s section 2-615 motion, we first consider the legal sufficiency of the habeas corpus petition. Brown’s petition must fail because he cannot show the trial court lacked subject matter jurisdiction, and he makes no argument the court lacked personal jurisdiction or that some subsequent occurrence entitles him to release.

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

Jones v. Jeffreys · filed 2021-02-17

“A section 2-615 motion to dismiss challenges the legal sufficiency of a complaint based on defects apparent on its face.” ... “A complaint is insufficient if it states mere conclusions of fact or law, and it must, at a minimum, allege facts sufficient to set forth the essential elements of a cause of action.”

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

Prate Roofing & Installations, LLC v. Liberty Mutual Insurance Corp. · filed 2021-03-05

A section 2-615 motion allows for the dismissal of the complaint (or portion thereof) where the pleading is legally insufficient based on defects apparent on its face.

Section 2-615 tests a pleading’s legal sufficiency on its face; a claim to enforce an existing dissolution judgment need not allege a substantial change in circumstances.

In re Marriage of Dragoi-Zulicic · filed 2021-03-05

“[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.” Marshall, 222 Ill. 2d at 429. ... As mentioned above, Nermin’s sole argument as it relates to this claim is that Priscilla failed to plead a substantial change in circumstances as required to modify maintenance payments. However, she did not need to plead a substantial change in circumstances in order to seek enforcement of the dissolution judgment. It is clearly apparent that Priscilla was entitled to recovery where Nermin failed to indemnify and hold her harmless for the debt delegated to him in the dissolution judgment and that a substantial change in Priscilla’s circumstances was not a prerequisite to enforcement of that standing order.

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

Trevino v. Baldwin · filed 2021-02-02

A complaint should not be dismissed under section 2-615 of the Civil Code “unless it is clearly apparent that no set of facts can be proved that would entitle the plaintiff to recover.”

Section 2-615 allows dismissal for legal insufficiency only when no provable set of facts would entitle the plaintiff to relief.

Rehfield v. Diocese of Joliet · filed 2021-02-04(a)

A court should not dismiss a complaint pursuant to this section unless it is clearly apparent that no set of facts can be proved that would entitle the plaintiff to recovery.

Section 2-615 permits dismissal when the pleadings clearly show that no set of facts can be proved that would entitle the plaintiff to recover.

Kuna v. Grosboll · filed 2021-02-16

“A complaint should be dismissed under section 2-615 only if it is clearly apparent from the pleadings that no set of facts can be proved that would entitle the plaintiff to recover.” ... Thus, it is clearly apparent plaintiff can prove no set of facts that would entitle him to mandamus relief, and the trial court did not err in dismissing his complaint.

On a section 2-615 motion to dismiss, the court accepts well-pleaded facts as true and views the complaint in the light most favorable to the plaintiff.

Cahn v. City of Highland Park · filed 2021-03-29

In ruling on a motion to dismiss pursuant to section 2-615, a court must accept all well-pleaded facts as true and view the complaint in the light most favorable to the plaintiff.

Section 2-615 requires the court reviewing dismissal of a complaint to determine whether the dismissed counts state causes of action upon which relief can be granted.

Rodik v. Ezike · filed 2021-02-05

This matter was disposed of at the trial level on a motion to dismiss pursuant to section 2-615 of the Code. Consequently, the only question before this court is whether the dismissed counts ... state causes of action upon which relief can be granted.

Section 2-615 motions test a complaint’s legal sufficiency, taking well-pleaded facts and reasonable inferences as true.

Constantinou v. Global Financial Credit, LLC · filed 2021-02-26

A motion to dismiss pursuant to section 2-615 of the Code challenges the legal sufficiency of a complaint. ... A court considering such a motion accepts as true not only the well-pleaded facts set out in the complaint but all reasonable inferences that may arise from those facts.

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

Harleysville Insurance Co. v. Mohr Architecture, Inc. · filed 2021-03-02

In addition, a section 2-615 motion ... challenges a complaint’s legal sufficiency (Cochran v. Securitas Security Services U.S.A., Inc., 2017 IL 121200, ¶ 11), while a section 2-619 motion admits the complaint’s legal sufficiency but raises a defense defeating the complaint (State ex rel. Leibowitz v. Family Vision Care, LLC, 2020 IL 124754, ¶ 31).

Section 2-615 allows a motion to dismiss a complaint for legal defects apparent on its face.

Strauss v. City of Chicago · filed 2021-03-05

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

Section 2-615 permits dismissal when defects on the face of a complaint make it legally insufficient to state a cause of action.

Vogt v. Round Robin Enterprises, Inc. · filed 2021-03-12

A motion to dismiss pursuant to section 2-615 challenges the legal sufficiency of the complaint by claiming defects exist on the face of the complaint.

Section 2-615 allows dismissal when defects apparent on the face of a complaint make it legally insufficient.

Roach v. Castro · filed 2021-03-15

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

Section 2-615 allows a motion to dismiss a complaint for legal insufficiency apparent on its face.

Elleby v. Forest Alarm Service, Inc. · filed 2021-03-25

A motion to dismiss a complaint under section 2-615 of the Code (735 ILCS 5/2-615 (West 2018)) attacks the legal sufficiency of a complaint based upon defects apparent on the face of the complaint.

Section 2-615 permits dismissal when a pleading lacks facts that would entitle the claimant to relief; well-pleaded facts and reasonable inferences are taken in the claimant’s favor.

In re Estate of Khan · filed 2021-03-29

The Shariffs contend the trial court erred in finding that Khan’s ownership interest in the property was not “uncontroverted” and dismissing counterclaim I under section 2-615. ... While we accept all well-pleaded facts in the counterclaim as true and draw all reasonable inferences from those facts in favor of the Shariffs, they failed to allege facts supporting insufficient consideration. See Dopkeen, 399 Ill. App. 3d at 684. Thus, the trial court did not err in dismissing counterclaim I.

Section 2-615 permits dismissal when the complaint’s allegations, taken as true, do not state a cause of action.

Barnes v. Illinois Court of Claims · filed 2021-04-16

A section 2-615 motion to dismiss challenges the complaint’s legal sufficiency based on defects apparent on its face. ... Here, we find petitioner’s certiorari petition did not plead facts raising a claim of a due process violation.

Section 2-615 does not permit dismissal when the complaint’s allegations and reasonable inferences could establish facts entitling the plaintiff to recovery.

Torres v. Peoria Park District · filed 2021-04-22

Given these allegations, we cannot say that it is clearly apparent that there is no set of facts that could be proven that would entitle the plaintiffs to recover. ... Therefore, the trial court erred in granting defendant’s section 2-615 motion to dismiss. See 735 ILCS 5/2-615 (West 2016).

Section 2-615 permits a motion challenging whether a complaint states a cause of action for which relief can be granted.

In re Application for a Tax Deed · filed 2021-04-28

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

Section 2-615 permits dismissal when the well-pleaded facts and reasonable inferences, taken as true, do not state a cause of action.

Morris Engineering, Inc. v. New Lenox Development, LLC · filed 2021-04-19

In reviewing a section 2-615 motion to dismiss, a court considers whether the facts in the complaint, viewed in a light most favorable to the nonmovant, and taking all well-pleaded facts and reasonable inferences as true, are sufficient to state a cause of action. ... Thus, we find Morris Engineering failed to state a cause of action on which relief could be granted. The trial court did not err when it dismissed count II alleging vicarious liability.

Section 2-615 permits dismissal only when the pleadings clearly show that the plaintiff cannot recover under any possible set of facts.

In re Application for a Tax Deed · filed 2021-06-17

To grant a section 2-615 motion to dismiss, the pleadings must clearly show that the plaintiff would not be entitled to recover under any possible set of facts.

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

Keystone Montessori School v. Village of River Forest · filed 2021-06-25(a)

A cause of action should not be dismissed under section 2-615 unless it is clearly apparent that no set of facts can be proved that would entitle the claimant to recovery. ... Therefore, Keystone could not state a claim of unjust enrichment upon which relief could be granted.

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

Parente & Norem, P.C. v. Chicago Regional Council of Carpenters Welfare Fund · filed 2021-06-30

A section 2-615 argument to dismiss challenges the legal sufficiency of a complaint by arguing that it fails to state a claim 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 cause of action for which relief can be granted.

McCaffrey v. Village of Hoffman Estates · filed 2021-05-11

A motion to dismiss under section 2-615 of the Code raises the question of 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 can be granted.

Section 2-615 permits dismissal when a complaint lacks sufficient facts to state a claim for willful and wanton conduct.

Foulks v. Community Unit School District 428 · filed 2021-05-11

Foulks’s amended complaint was dismissed pursuant to section 2-615 of the Code. ... In sum, the circuit court did not err in granting defendants’ motion to dismiss Foulks’s amended complaint, as it failed to allege sufficient facts to state a claim of willful and wanton conduct.

Section 2-615 allows a court to dismiss a complaint for defects in its legal sufficiency that are apparent on its face.

Sweports, Ltd. v. Abrams · filed 2021-06-30

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

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

Quiroz v. Chicago Transit Authority · filed 2021-06-30

No matter how incredulous or far-fetched these allegations and the material inferences that flow from them may seem, once well-pleaded, we must accept them as true under Illinois law pursuant to section 2-615 of the Code.

Section 2-615 permits dismissal when a defect is apparent on the face of the complaint, even when its well-pleaded facts are taken as true.

Khan v. Fur Keeps Animal Rescue, Inc. · filed 2021-06-30

Dismissal pursuant to section 2-615 is proper only if the defect with the count is apparent on the face of plaintiff’s complaint. ... Viewing the allegations in the light most favorable to plaintiff, we cannot discern from the face of the complaint what the consideration was, at the moment the alleged contract was made.

Section 2-615 does not support dismissal when the complaint and its supporting documents allege facts that establish a cause of action.

Joyce v. Michelotti · filed 2021-06-30(a)

A section 2-615 dismissal motion challenges the legal sufficiency of the complaint based on defects apparent on the face of the pleading. ... Because Josephine alleged in her complaint and supporting documents facts that support a cause of action to quiet title, we reverse the circuit court’s judgment and remand for further proceedings.

Section 2-615 permits dismissal for defects apparent on the face of a complaint when no set of facts could permit the plaintiff to recover.

Evans v. City of Chicago · filed 2021-06-30

A motion to dismiss pursuant to section 2-615 of the Code challenges a complaint’s legal sufficiency based on defects apparent on its face. ... Dismissal is appropriate only where it is apparent that no set of facts can be proven that would permit the plaintiff to recover.

Section 2-615 permits dismissal when defects apparent on the face of a complaint make it legally insufficient.

1400 Museum Park Condominium Ass'n v. Kenny Construction Co. · filed 2021-08-05

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

Section 2-615 allows dismissal when defects apparent on the face of a complaint make it legally insufficient.

Viper Tradeshow Transportation, Inc. v. American Veterinary Medical Ass'n · filed 2021-08-13

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

Section 2-615 requires a complaint to allege facts supporting a legally recognized cause of action; a conclusory allegation that fees were improper is insufficient.

Tacina v. U.S. Bank · filed 2021-08-30

Again, forfeiture notwithstanding, we find that the circuit court did not err in dismissing the plaintiff’s amended complaint because it failed to state a cause of action that would afford the plaintiff the relief he requested. The complaint only contained the conclusory allegation that the fees were improper but gave no legal basis for that allegation. See Tedrick, 235 Ill. 2d at 161 (the plaintiff must allege sufficient facts to bring a claim within a legally recognized cause of action to survive dismissal pursuant to section 2-615 of the Code).

Section 2-615 does not support dismissal when the complaint alleges sufficient facts to state a cause of action.

Pearson v. Pearson · filed 2021-05-26

Plaintiff also alleged sufficient facts to state a cause of action for an accounting, so section 2-615 does not provide an alternate basis for dismissal.

A section 2-615 motion tests whether a complaint states a legally sufficient claim.

Rivera v. Allstate Insurance Co. · filed 2021-06-14

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

Section 2-615 requires courts reviewing a motion to dismiss to accept well-pleaded facts as true, view them favorably to the complainant, and decide whether they state a cause of action.

Wilmington Savings Fund Society v. Choi · filed 2021-06-17

When reviewing a 2-615 motion, a court must view the facts alleged in the pleading in the light most favorable to the complainant, take all well-pleaded facts as true, and determine whether they sufficiently state a cause of action upon which relief may be granted.

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

Provenzano v. Broyles · filed 2021-08-05

A motion to dismiss filed pursuant to section 2-615 of the Code attacks the legal sufficiency of a complaint based on facial defects.

Section 2-615 permits dismissal of a section 2-1401 petition when it is clearly apparent that no provable facts would entitle the petitioner to relief.

U.S. Bank National Ass'n v. Senese · filed 2021-09-02

Accordingly, a section 2-1401 petition should not be dismissed under section 2-615 unless it is clearly apparent that no set of facts can be proved that would entitle the petitioner to recovery.

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

Wood v. Evergreen Condominium Ass'n · filed 2021-07-07

We should dismiss a complaint under section 2-615 “only where no set of facts can be proved which would entitle the plaintiff to recovery.” Id.