735 Ill. Comp. Stat. § 5/2-615

Section 2-615 tests the legal sufficiency of a complaint; statutory immunity is an affirmative matter considered under section 2-619(a)(9).

Turner v. City of Granite City · filed 2021-09-07

A motion to dismiss pursuant to section 2-615 attacks the legal sufficiency of a complaint, and a motion to dismiss pursuant to section 2-619(a)(9) admits the sufficiency of a complaint but asserts an affirmative matter defeating the claim. Torres v. Peoria Park District, 2020 IL App (3d) 190248, ¶ 16. Statutory immunity is an affirmative matter to be considered under section 2-619(a)(9) alone.

Section 2-615 tests defects apparent on the face of a complaint and permits dismissal only when no provable facts would entitle the plaintiff to recovery.

Bozek v. Bank of America, N.A. · filed 2021-09-22

A section 2-615 motion challenges the legal sufficiency of a complaint based on defects apparent on its face. ... Dismissal is appropriate only if it is “clearly apparent that no set of facts can be proved that would entitle the plaintiff to recovery.”

Section 2-615 requires a complaint to allege facts supporting every essential element of a cause of action to survive dismissal.

Rojo v. Tunick · filed 2021-09-29

To survive dismissal under section 2-615, a complaint must allege facts that set out all the essential elements of a cause of action.

Section 2-615(a) tests the legal sufficiency of a plaintiff’s claim.

Hightower v. Butler · filed 2021-10-12(a)

A motion to dismiss under section 2-615(a) of the Code (735 ILCS 5/2-615(a) (West 2016)) tests the legal sufficiency of a plaintiff’s claim, while a motion to dismiss under section 2-619 of the Code (id. § 2-619) admits the legal sufficiency of the plaintiff’s claim but asserts certain defects or defenses outside the pleading that defeat the claim.

Section 2-615 permits dismissal with prejudice when it is clearly apparent that no set of facts can be alleged entitling the plaintiff to recovery.

Fazekas v. City of DeKalb · filed 2021-09-29

Unless it is clearly apparent that no set of facts can be proved entitling the plaintiff to recovery, a cause of action should not be dismissed. ... Accordingly, we hold that the second amended complaint was properly dismissed with prejudice because it is clearly apparent that no set of facts can be alleged entitling the plaintiff to recovery.

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

Nyhammer v. Basta · filed 2022-02-08

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 recover.

Section 2-615 requires facts sufficient to state a legally recognized claim; conclusory allegations cannot sustain a complaint.

Gines v. Curry · filed 2021-10-12

The conclusory allegations contained in Gines’s complaint and his response, however, are insufficient to survive a section 2-615 motion to dismiss.

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

Ayot v. Berlin · filed 2021-11-05

When a complaint is dismissed pursuant to section 2-615 of the Code, the only question before this court is whether the complaint stated a cause of action upon which relief could be granted.

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

Jackson v. TSA Processing Chicago, Inc. · filed 2021-11-23

At this stage of the proceedings, the trial court should have accepted plaintiff’s allegation that July 18, 2013, was an unusually hot day.

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

Shiny Investments, LLC v. Zeoli · filed 2021-12-14

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

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

Taylor v. Evangelical Covenant Church · filed 2022-01-12

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

Section 2-615 permits dismissal when a complaint, read in the plaintiff’s favor, does not sufficiently allege a cause of action.

Stadel v. Heritage Operations Group. LLC · filed 2022-01-12

A motion to dismiss under section 2-615 of the Code challenges only the legal sufficiency of the complaint. ... Despite construing plaintiff’s allegations in a light most favorable to her, we find her allegations her resignation was forced or coerced were insufficiently pleaded, and the trial court’s dismissal of the amended complaint was proper.

A section 2-615 motion tests whether the complaint states a cause of action, with its allegations taken as true and viewed in the light most favorable to the plaintiff.

Marengo Hampshire Partners LLC v. Market Financial Group, Ltd · filed 2022-02-15

A motion filed under section 2-615 of the Code 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. 735 ILCS 5/2-615 (West 2020); Underwood v. City of Chicago, 2017 IL App (1st) 162356, ¶ 14. When a section 2-615 motion to dismiss is granted, the issue on appeal is whether the allegations in the complaint, when liberally construed, taken as true, and viewed in the light most favorable to the plaintiff, are sufficient to state a cause of action.

Section 2-615 permits dismissal of a section 2-1401 petition that fails to state a legally sufficient claim for relief.

The Ridgeland Corp v. Stonedry, LLC · filed 2022-02-08

We affirm the trial court’s dismissal of the petition under section 2-615 because Ridgeland has failed to state a legally sufficient claim under section 2-1401 law to vacate the judgment.

A complaint must allege facts supporting every essential element of a cause of action to survive dismissal under section 2-615.

Gallery-Lauderdale, LLC v. Daleo · filed 2022-02-17

To survive dismissal under section 2-615, a complaint must allege facts that set out all the essential elements of a cause of action. ... Here, we find the trial court properly dismissed the complaint on the basis that the plaintiff did not properly plead damages.

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

Apollo Theater Chicago LLC v. Baker Lincoln, LLC · filed 2022-02-25

A motion to dismiss under section 2-615 attacks the sufficiency of the complaint and raises the question of whether the complaint states a claim upon which relief can be granted.

A section 2-615 motion tests the legal sufficiency of a complaint. Courts accept well-pleaded facts and reasonable inferences as true, but do not accept legal conclusions as true.

ABW Development, LLC v. Continental Casualty Co. · filed 2022-03-30

A section 2-615 motion to dismiss challenges the legal sufficiency of a complaint based on defects apparent on its face. ... The court must accept as true all well-pleaded facts in the complaint and all reasonable inferences that may be drawn from those facts. ... However, the “court cannot accept as true mere conclusions” of law.

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

Harvey v. Chicago Transit Authority · filed 2022-05-09

A section 2-615 motion to dismiss (735 ILCS 5/2-615 (West 2020)) challenges the legal sufficiency of a complaint based on defects apparent on its face. ... Thus, the trial court properly allowed the case to proceed to trial.

Section 2-615 permits dismissal for legal insufficiency when no provable facts would entitle the plaintiff to relief.

Firebirds International, LLC v. Zurich American Insurance Co. · filed 2022-05-20

A section 2-615 motion to dismiss should not be granted unless it is clear that no set of facts can be proved that would entitle the plaintiff to recovery. ... However, it is clear that no set of facts can be proven that would entitle Firebirds to recover for their claims under the Zurich policies.

Section 2-615 permits dismissal of a negligent hiring complaint that alleges only conclusions, without facts showing the employee’s particular unfitness.

Palmer v. Elbe Auto Sales, LLC · filed 2022-06-03

A section 2-615 motion to dismiss attacks the legal sufficiency of a complaint by asserting it is facially defective. ... These conclusory allegations are insufficient to support a claim of negligent hiring. The trial court did not err when it dismissed plaintiff’s fifth amended complaint.

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

Ark Restaurants Corporation v. Zurich American Insurance Company · filed 2022-06-15

A motion to dismiss pursuant to section 2-615 attacks 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 a complaint make it legally insufficient.

Northwestern Illinois Area Agency on Aging v. Basta · filed 2022-06-29

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 with prejudice when a complaint states no clear cause of action despite multiple opportunities to amend.

Williams v. City of Chicago · filed 2022-02-24

Under section 2-615 of the Code, a defendant may move to dismiss an action based on defects in the plaintiff’s pleadings. ... After reviewing the record, we find the court properly dismissed with prejudice plaintiff’s fourth amended complaint as she failed to identify any clear cause of action.

Section 2-615(a) tests whether a pleading’s allegations, taken as true, are sufficient to state a claim for relief.

In re Marriage of Jones · filed 2022-03-29(a)

As such, taking the allegations set forth in Kelly’s petition for rule to show cause as true, we cannot say, as a matter of law, that Kelly’s petition failed to state a claim on which relief could be granted. Accordingly, we affirm the trial court’s denial of Michael’s motion to dismiss on this basis.

Section 2-615 permits dismissal with prejudice when a complaint fails to allege a recognizable cause of action despite multiple opportunities to amend.

Dancer v. Bank of America, N.A. · filed 2022-03-31

Accordingly, because the plaintiff was unable to state a cause of action despite multiple opportunities to amend his complaint, the trial court properly dismissed the second amended complaint with prejudice.

Section 2-615(a) requires a court to take well-pleaded allegations as true and decide whether they state a claim for relief.

In re Marriage of Jones · filed 2022-05-02(a)

“A motion to dismiss under section 2-615(a) of the Code of Civil Procedure” (735 ILCS 5/2-615(a) (West 2020)) “challenges the legal sufficiency of a complaint by alleging defects on the face of the complaint.” ... As such, taking the allegations set forth in Kelly’s petition for rule to show cause as true, we cannot say, as a matter of law, that Kelly’s petition failed to state a claim on which relief could be granted. Accordingly, we affirm the trial court’s denial of Michael’s motion to dismiss on this basis.

Section 2-615 requires a complaint to plead facts sufficient to state a claim for relief; courts accept well-pleaded facts and reasonable inferences as true when deciding a motion to dismiss.

Beauchamp v. Dart · filed 2022-05-17

The plaintiff is required to have pled facts that are sufficient to state a claim on which relief can be granted to survive a motion to dismiss.

Section 2-615 requires a court deciding a motion to dismiss to accept well-pleaded facts as true, construe them in the plaintiff’s favor, and determine whether the allegations state a claim.

Krishnamoorthi v. Chen · filed 2022-05-18

In deciding a 2-615 motion to dismiss, the court considers whether, taking all well-pleaded facts as true and construing them in a light most favorable to the plaintiff, the allegations are sufficient to state a cause of action on which relief may be granted.

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

Moore v. Illinois State Board of Elections · filed 2022-06-23

So construed, the complaint failed to state a valid cause of action and was properly dismissed pursuant to section 2-615 of the Code of Civil Procedure (735 ILCS 5/2-615 (West 2020)).

A complaint challenged under section 2-615 must allege sufficient facts to state every element of the asserted cause of action.

Zemater v. The County of DeKalb · filed 2022-06-27

We review de novo a section 2-615 dismissal. Schiller v. Mitchell, 357 Ill. App. 3d 435, 438 (2005). To survive a motion to dismiss, the plaintiff must allege sufficient facts to state all the elements of the asserted cause of action.

Section 2-615 permits dismissal when a complaint does not plead facts sufficient to state a claim for relief.

Beauchamp v. Dart · filed 2022-06-28

The plaintiff is required to have pled facts that are sufficient to state a claim on which relief can be granted to survive a motion to dismiss.

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

Moore v. Knupp · filed 2022-06-28

A complaint should only be dismissed under section 2-615 if it is clearly apparent that no set of facts can be proved that would entitle the plaintiff to recovery. ... Given these findings, as well as those set forth above, we affirm the dismissal of Moore’s second amended complaint against defendants Knupp, Walter, Ellner, Jones, and Harrington for failure to state a cause of action pursuant to section 2-615 of the Code.

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

Nyhammer v. Basta · filed 2022-03-02

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 recover.

Section 2-615 allows a complaint to proceed when its allegations could support recovery under any provable set of facts.

B&D Investment Group, LLC-8507-0527 S. 88th Avenue Series v. Justice-Willow Springs Water Commission · filed 2022-05-19

Under the section 2-615 standard, which only requires plaintiff to plead any set of facts supporting recovery, plaintiff has adequately pleaded a cause of action for a class of one equal protection violation and therefore it is allowed to progress beyond the pleadings and obtain discovery.

Section 2-615 permits dismissal for failure to attach a required section 2-622 certificate when that defect is apparent on the face of the complaint, even though section 2-622(g) specifies dismissal under section 2-619.

Freeman v. Price · filed 2022-03-10

Here, while section 2-622 states that the failure to file the certificate “shall” be grounds for dismissal under section 2-619, the language does not preclude a dismissal under section 2-615, which allows for dismissal due to an obvious defect with the complaint.

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

Lee v. State Farm Fire & Casualty Co. · filed 2022-03-21

Although Evanston Grill argues that section 2-615 of the Code (735 ILCS 5/2-615 (West 2020)) was not the proper procedural mechanism to dismiss that count, we find otherwise because it is clearly apparent that no set of facts can be proved that would entitle it to relief, i.e., an alteration in appearance, shape, color or in other material dimension to covered property.

A section 2-615 motion tests whether a claim’s allegations, taken as true, are sufficient to withstand dismissal.

Bray v. City of Chicago · filed 2022-03-29

At the very least the City’s allegations, taken as true, are sufficient to withstand dismissal under a section 2-615 motion. Accordingly, we conclude that the circuit court erred in dismissing the City’s counterclaim against SL Civic, seeking ... contribution and indemnity for all or a portion of any judgment entered in favor of Bray; thus, we reverse the court’s judgment dismissing that claim.

Section 2-615 tests a claim’s legal sufficiency; a complaint need not include every pertinent fact if its allegations sufficiently state a cause of action.

Daniels v. Venta Corp. · filed 2022-04-14

The plaintiff responds that she did not need to set forth every pertinent fact at the pleadings stage of the case. We agree. See Avery v. GRI Fox Run, LLC, 2020 IL App (2d) 190382, ¶ 27 (a complaint will be deemed sufficient if the allegations contained therein “ ‘reasonably inform the defendants by factually setting forth the elements necessary to state a cause of action’ ” (quoting People ex rel. Scott v. College Hills Corp., 91 Ill. 2d 138, 145 (1982))).

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

McGoey v. Brace · filed 2022-06-27(a)

A complaint will not be dismissed pursuant to a section 2-615 motion unless it is clearly apparent that no set of facts can be proved that would entitle the plaintiff to relief.

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

GPIF Crescent Court Hotel, LLC v. Zurich American Insurance Company · filed 2022-05-20

When ruling on a section 2-615 motion to dismiss, a court must accept the plaintiff’s well-pleaded allegations as true and must construe those allegations and any reasonable inferences in the plaintiff’s favor.

A section 2-615 motion tests whether the complaint alleges enough facts to state a claim; unsupported conclusions do not suffice.

Jilani v. Berger · filed 2022-08-16

A section 2-615 motion to dismiss tests the legal sufficiency of the complaint. ... Nonetheless, mere ... conclusions of law or facts unsupported by specifical factual findings are insufficient to withstand dismissal.

Section 2-615 tests the legal sufficiency of a complaint; an attached exhibit controls over conflicting allegations.

Tao v. Simplex Investments, LLC · filed 2022-08-18

A section 2-615 motion to dismiss attacks the legal sufficiency of a complaint. ... An exhibit is incorporated into the complaint, and the exhibit controls where there is a contradiction between an exhibit and the allegations of the complaint. ... The offer letter as an exhibit to the complaint controls over any allegations to the contrary and the circuit court did not err in finding that plaintiff did not sufficiently allege that she was entitled to an earned bonus.

Section 2-615 allows dismissal when defects on the face of a complaint leave it unable to state a valid cause of action.

Tejada v. Barreiro · filed 2022-08-22

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. ... Accordingly, we hold that the trial court correctly determined that the plaintiffs’ complaints failed to state a valid cause of action.

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

Lemus v. Color Point, LLC · filed 2022-09-16

Since a motion to dismiss pursuant to section 2-615 of the Code, challenges the legal sufficiency of a complaint, a cause of action should not be dismissed unless it is clearly apparent that no set of facts can be proved that would entitle the plaintiff to relief. ... We find that the plaintiff has sufficiently alleged a claim of retaliatory discharge for the reporting of potential criminal acts by a coworker to the defendant.

Section 2-615 requires courts to accept well-pleaded facts as true on a motion to dismiss, but unsupported factual and legal conclusions cannot establish a claim.

International Brotherhood of Teamsters v. County of Cook · filed 2022-06-30

“While a section 2-615 motion to dismiss admits all well-pleaded facts as true, it does not admit conclusions of law or factual conclusions which are unsupported by allegations of specific facts.” ... Therefore, the bare allegations of gross error of fact or law also are insufficient to state a claim and, as such, were properly dismissed by the trial court.

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

Greenburg v. Angelopoulos · filed 2022-08-09

A section 2-615 motion attacks the legal sufficiency of the nonmovants’ claim, whereas a section 2-619 motion admits the legal sufficiency of their claim but asserts affirmative defenses or other matters that avoid or defeat it.

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

Kioutas v. Northshore University Healthsystem · filed 2022-08-12

When reviewing an order granting a motion to dismiss pursuant to section 2-615, we must determine whether the allegations of the plaintiff’s complaint, viewed 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 a habeas petition’s legal sufficiency based on defects apparent on its face, and dismissal is reviewed de novo.

Dardagan v. Nicholson · filed 2022-09-28

Relevantly, a motion to dismiss a petition for habeas corpus under section 2-615 is reviewed de novo. ... Such a motion challenges the legal sufficiency of the petition due to facially apparent defects.

A section 2-615 motion tests whether a pleading states a legally sufficient claim, accepting well-pleaded facts and reasonable inferences as true.

McCormick 106, LLC v. Capra · filed 2022-11-23

A motion to dismiss pursuant to section 2-615 challenges the legal sufficiency of a pleading. ... Because Capra did not identify any actual duties that the receiver violated, he failed to state a claim against the receiver and failed to establish good cause to remove the receiver. Accordingly, the trial court did not err when it denied Capra’s motion to remove the receiver and granted the receiver’s motion to dismiss the third-party complaint.

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

Muhammad v. PNC Bank, N.A. · filed 2022-08-12

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.

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

Quiroz v. Chicago Transit Authority · filed 2022-09-22

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(a) allows dismissal only when it is clearly apparent that no set of facts could entitle the plaintiff to recovery.

Smith v. Dalton · filed 2022-10-04(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 plaintiff to recovery.”

Section 2-615 permits dismissal when a complaint fails to allege facts supporting a legally recognized claim.

Smith v. Davis · filed 2022-08-18

For all these reasons, the trial court’s dismissal of plaintiff’s complaint under section 2-615 was not in error.

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

Powers v. Hymes · filed 2022-10-19(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 plaintiff to recovery.”

Section 2-615 permits dismissal of a breach of contract claim whose allegations are insufficient to state a claim.

Mazutis v. Karlin · filed 2022-11-21

Because we consider these allegations insufficient to withstand dismissal under section 2-615, plaintiff’s breach of contract claim, based on the same allegations, also fails.

Section 2-615 permits dismissal only when a defect is apparent on the face of the complaint.

Xuedong Pan v. King · filed 2022-09-07

Dismissal pursuant to section 2-615 is proper only if a defect is apparent on the face of the complaint.

Section 2-615 permits dismissal for defects apparent on the face of a complaint only when no set of provable facts would entitle the plaintiff to recovery.

Mayer v. Hollister Incorporated · filed 2022-09-30

A section 2-615 motion should not be granted unless it is apparent that no set of facts can be proved that would 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 recover.

Doe v. Burke Wise Morrissey & Kaveny · filed 2022-10-07

A claim should not be dismissed under section 2-615 unless no set of facts can be proved that would entitle the plaintiff to recover.

Section 2-615 allows a motion to dismiss that challenges whether a complaint is legally sufficient.

Meinhart v. Hy-Vee, Inc · filed 2022-10-31

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

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

Butler Brothers Supply Division, LLC v. HN Precision Co. · filed 2022-11-21

The critical inquiry in reviewing a section 2-615 motion is whether the allegations in the complaint, construed 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 a motion challenging a complaint’s legal sufficiency based on defects or defenses apparent on its face.

Walworth Investments-LG, LLC v. Mu Sigma, Inc. · filed 2022-11-28

Pursuant to section 2-615 of the Code, the movant challenges the legal sufficiency of a complaint based on certain defects or defenses apparent on the face of the complaint.

Section 2-615 allows dismissal when a complaint’s allegations do not state a legally sufficient claim.

iMotorsports, Inc. v. Vanderhall Motor Works, Inc. · filed 2022-12-01

A dismissal motion filed under section 2-615 of the Code challenges the legal sufficiency of the complaint.

Section 2-615 permits dismissal when the complaint’s well-pleaded facts, taken as true and construed in the plaintiff’s favor, do not state a claim for relief.

Foote v. Winnebago County Sheriff's Office · filed 2022-12-12

A motion to dismiss under section 2-615 of the Code of Civil Procedure tests the legal sufficiency of a complaint.

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

Kjarsgaard v. Reilly · filed 2022-12-15

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 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 2022-12-16

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 permits dismissal when defects apparent on the face of a complaint show that the plaintiff cannot recover.

Issa v. Allstate Insurance · filed 2022-12-16

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

A complaint alleging facts sufficient to state a claim survives a section 2-615 motion to dismiss.

Foote v. Corrections Officer Ben Streed · filed 2022-12-20

Given those allegations, Foote’s complaint for defamation per se alleges sufficient facts to survive a section 2-615 motion to dismiss.

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

MTDB Corp v. American Auto Insurance Co. · filed 2022-12-30

A section 2-615 motion to dismiss challenges only the legal sufficiency of a complaint and alleges only defects on the face of the complaint.

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

Lintzeris v. City of Chicago · filed 2023-01-20

The appeal comes to this court from the circuit court’s dismissal of plaintiffs’ complaint under section 2-615 of the Code of Civil Procedure. 735 ILCS 5/2-615 (West 2016). A motion to dismiss under that section tests the legal sufficiency of the complaint based on defects apparent on its face.

Section 2-615 permits dismissal when a complaint fails to state a claim; the court accepts the complaint’s allegations as true and construes them in the plaintiff’s favor.

Carey v. Pritzker · filed 2023-01-24

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

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

Ragan Consulting Group, LLC v. Continental Casualty Co. · filed 2023-02-22

A dismissal is proper under section 2-615 only when “it is clearly apparent from the pleadings that no set of facts can be proven that would entitle the plaintiff to recover.” Id.

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

Kucinsky v. Baldwin · filed 2023-03-09

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

Section 2-615 permits dismissal when the pleaded facts do not state a cause of action.

Mesirow v. Mesirow · filed 2023-03-30

The trial court dismissed plaintiff’s complaint pursuant to section 2-615 of the Code, and we affirm on that basis. A section 2-615 motion to dismiss attacks the legal sufficiency of a complaint and raises a question as to whether the complaint states a cause of action upon which relief may be granted.

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

Gakuba v. The Illinois Prisoner Review Board · filed 2023-04-26

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

Section 2-615 requires a complaint to allege facts sufficient to state a cause of action; conclusory allegations do not suffice.

Uskup v. Johnson · filed 2023-05-15

In ruling upon a section 2-615 motion to dismiss, the court considers whether the allegations in the complaint 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 do not state a legally sufficient claim.

VAC Enterprises, Inc. v. Yang · filed 2023-05-17

A motion to dismiss under section 2-615 of the Code challenges the legal sufficiency of a complaint based on defects apparent on its face. ... We agree with the trial court’s conclusion that plaintiff failed to state a claim for specific performance because plaintiff failed to allege a valid, binding, and enforceable contract.

Section 2-615 permits dismissal when the alleged facts do not state a cognizable claim or conclusively show that the plaintiff has no legal right to recover.

Village of Kirkland v. Kirkland Properties Holdings Co., LLC I · filed 2023-05-18

Dismissal pursuant to section 2-615 of the Code is appropriate when the facts alleged do not constitute a cognizable claim or when the facts alleged conclusively demonstrate that, as a legal matter, the plaintiff has no right to recover from the defendant.

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

McHenry Savings Bank v. Paulsen · filed 2023-02-24

Thus, a section 2-615 motion to dismiss should be granted only if it is apparent that no set of facts can be proven which would entitle the plaintiff to relief.

Section 2-615 permits dismissal when a complaint does not allege a legally recognized cause of action and facts supporting it.

Ellis v. National Football League, Inc. · filed 2023-05-05

Where the complaint did not assert a legally recognized cause of action and did not plead facts bringing the case within that cause of action, dismissal pursuant to section 2-615 was proper.

Section 2-615 permits dismissal of a legally insufficient petition after its allegations are viewed in the petitioner's favor.

Beck v. DayOne Pact · filed 2023-06-30

Viewing the allegations of petitioner’s petition in the light most favorable to the petitioner, we conclude that the circuit court correctly granted Respondent’s motion to strike petitioner’s petition to modify the irrevocable trust pursuant to section 2-615 (735 ILCS 5/2-615 (West 2020)).

Section 2-615 requires specific factual allegations to support a claim; conclusions of fact alone are insufficient.

Cook Au Vin, LLC v. Mid-Century Insurance Co. · filed 2023-05-24

On a section 2-615 motion to dismiss, plaintiff cannot rely on mere conclusions of fact unsupported by specific factual allegations.

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

Steadfast Insurance Company v. State Parkway Condominium Assoc. · filed 2023-06-21(a)

An argument for dismissal under section 2-615(a) tests the legal sufficiency of the complaint based on defects apparent on its face.

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

Wilborn v. Jeffreys · filed 2023-06-22

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

Section 2-615 requires a court to read a complaint in the plaintiff’s favor and deny dismissal when its allegations sufficiently state a claim for relief.

Houbolt Road Extension JV, LLC v. Centrepoint Properties Trust · filed 2023-07-05(a)

A section 2-615 motion to dismiss tests a complaint’s legal sufficiency, asking whether the complaint, construed in the light most favorable to the plaintiff, alleges sufficient facts to establish a claim upon which relief may be granted. ... In summary, plaintiff’s verified complaint is sufficient to withstand dismissal.

Section 2-615 tests whether a complaint, read in the plaintiff’s favor, alleges enough facts to state a claim.

Houbolt Road Extension JV, LLC v. City of Joliet · filed 2023-07-05(a)

A section 2-615 motion to dismiss tests a complaint’s legal sufficiency, asking whether the complaint, construed in the light most favorable to the plaintiff, alleges sufficient facts to establish a claim upon which relief may be granted. ... In summary, plaintiff’s verified complaint is sufficient to withstand dismissal.

Section 2-615 tests a complaint’s legal sufficiency; conclusory allegations and allegations contradicted by attached exhibits cannot support a cause of action.

Skrabets v. Tikhvinskiy Law, LLC · filed 2023-09-19

A section 2-615 motion to dismiss challenges the legal sufficiency of a complaint. ... But we do not accept as true mere conclusions unsupported by specific facts. ... A court will consider all facts apparent from the face of the complaint, including any attached exhibits. ... We conclude that plaintiff’s complaint, stripped of its allegations that are legally deficient (conclusory), is inconsistent with the attached letter from defendant; therefore, the complaint fails to state a cause of action as a matter of law, and we affirm the trial court’s order dismissing it.

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

Flores v. Aon Corp. · filed 2023-09-29

A motion to dismiss pursuant to section 2-615 of the Code of Civil Procedure (735 ILCS 5/2-615 (West 2022)) challenges the legal sufficiency of the complaint based upon defects apparent on its face.

On a section 2-615 motion, the court asks whether the complaint alleges sufficient facts to entitle the plaintiff to relief.

Perkins v. Madison County Sheriff's Department · filed 2023-09-29

The question before the trial court in ruling on a section 2-615 motion is whether the plaintiff’s complaint contains sufficient facts to entitle him to relief.

Section 2-615 tests whether a complaint alleges facts sufficient to state a claim when construed in the plaintiff’s favor.

Levine v. UL LLC · filed 2023-06-20

A section 2-615 motion to dismiss tests the legal sufficiency of a complaint, i.e., whether the allegations of the complaint, when construed in the light most favorable to the plaintiff, state sufficient facts to establish a cause of action upon which relief may be granted.

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

O'Malley v. Adams · filed 2023-09-11

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

Section 2-615 permits dismissal when a complaint lacks facts supporting the elements of a legally recognized cause of action; conclusory allegations are insufficient.

Powers v. Donathan · filed 2023-09-13

We also affirm the trial court’s dismissal of count II of plaintiff’s complaint under section 2-615 for its failure to state a claim for which relief can be granted. A plaintiff must set forth facts relevant to the elements of a legally recognized cause of action. Mere conclusory factual allegations are insufficient.

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

Santa Rosa Mall, LLC v. Aon Risk Services Central, Inc. · filed 2023-07-21

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

A section 2-615 motion tests whether the complaint alleges a cause of action for which relief may be granted.

Shavers v. The UPS Store, Inc. · filed 2023-08-07

In ruling upon a section 2-615 motion to dismiss, the court considers whether the allegations in the complaint state a cause of action upon which relief may be granted.

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

In re Marriage of Bastian · filed 2023-08-09(a)

A section 2-615 motion to dismiss tests the legal sufficiency of a petition based on defects apparent on its face. ... The trial court did not err when it denied Katie’s motion to strike and dismiss Richard’s petition in its entirety.

On a section 2-615 motion, conclusory factual allegations and bare legal conclusions unsupported by specific facts are not accepted as true.

Gaylord v. Presence Pain Care · filed 2023-08-15

Because Illinois is a fact pleading state, conclusory factual allegations unsupported by specific facts and bare conclusions of law are not deemed admitted for the purpose of a section 2-615 motion.

Section 2-615 does not permit dismissal of a guardianship petition solely because it lacks a physician’s report.

In re Estate of Barabasz · filed 2023-08-30

To the extent that the trial court dismissed the petition pursuant to section 2-615 solely because petitioners did not submit a section 11a-9(a) physician’s report, it erred in doing so.

Section 2-615 requires courts to assess whether a complaint’s allegations, viewed in the plaintiff’s favor, are sufficient to state a claim.

Stats, LLC v. The Continental Insurance Co. · filed 2023-09-22

The critical question in addressing a motion to dismiss under section 2-615 is whether the allegations in the complaint, construed in a light most favorable to the plaintiff, are sufficient to state a cause of action upon which relief may be granted.

A section 2-615 motion tests whether the pleaded facts state a claim; conclusory allegations are insufficient.

In re Marriage of Taylor S. · filed 2023-09-27

Although 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 a complaint’s legal sufficiency based on defects apparent on its face.

Mathis v. Yildiz · filed 2023-11-22(a)

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

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

Transform Holdco, LLC v. Lloyds Underwriter Syndicate No. 318 · filed 2024-03-25

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

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

Muhammad v. Adams Family Trucking · filed 2023-11-14

A section 2-615 motion to dismiss challenges the sufficiency of a complaint on its face. Chandler v. Illinois Central R.R. Co., 207 Ill. 2d 331, 348 (2003). The court presumes the truth of all well-pleaded allegations and construes them with all reasonable inferences in favor of the plaintiff. Marshall, 222 Ill. 2d at 429. Dismissal is proper only if no set of well-pleaded facts would entitle the plaintiff to judgment. Cooper, 2021 IL App (1st) 192618, ¶ 21.

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

Ray v. R.A. Mechanical, Inc. · filed 2023-12-13

First, the court’s basis for dismissal—that plaintiff “failed to allege sufficient facts to give rise to a cause of action for consumer fraud”—was hardly sua sponte; rather it was, in substance, a dismissal pursuant to section 2-615.

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

Law Offices of Charles Chejfec, LLC v. Franz · filed 2023-12-28

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

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

Davis v. Village of Maywood · filed 2023-12-29

Accordingly, when reviewing a decision to grant a motion pursuant to section 2-615, we consider 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 allows dismissal when defects apparent on the face of a complaint show that it is legally insufficient.

Cwik v. Manteno Community Fire Protection District · filed 2024-02-01

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

Section 2-615 allows dismissal of a legally insufficient complaint; an eviction complaint that states the property, nonpayment, rent owed, and requested relief is sufficient despite the defendant’s factual defenses.

6103-07 Claremont, LLC v. Hunter · filed 2024-03-01

Here, we find that Claremont’s eviction complaint was legally and factually sufficient, and therefore, the circuit court’s denial of Hunter’s motion to dismiss under section 2-615 was proper.

A section 2-615 motion tests whether the complaint’s well-pleaded facts and reasonable inferences state a cause of action.

Ayo v. Quintero · filed 2024-03-13

In ruling on a section 2-615 motion, a court must accept as true all well-pleaded facts and all reasonable inferences therefrom, to determine whether the complaint’s 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 tests whether a complaint, read in the plaintiff’s favor, alleges enough facts to state a claim.

Project44, Inc. v. FourKites, Inc. · filed 2024-03-21

A section 2-615 motion tests the legal sufficiency of the plaintiff’s complaint, asking whether the allegations in the complaint, construed in the light most favorable to the plaintiff, state sufficient facts to establish a cause of action upon which relief may be granted.

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

Santillan v. Calderon Construction of RI, Inc. · filed 2024-04-15

Here, we are at the pleading stage, not the summary judgment stage, and we are required to accept the well-pleaded allegations of plaintiff’s complaint as true. The allegations referenced above are clearly adequate to assert that plaintiff was soliciting contracts for the sale of products by Calderon.

Section 2-615 permits dismissal of a complaint for legal defects apparent on its face.

Eberhardt v. Village of Tinley Park · filed 2024-04-24

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

Section 2-615 permits dismissal of a legally insufficient complaint; the court accepts well-pleaded facts and reasonable inferences as true and views them in the plaintiff’s favor.

Bordelais v. Bordelais · filed 2023-12-07

Section 2-615 of the Code allows for dismissal of a complaint based on legal insufficiencies. See 735 ILCS 5/2-615 (West 2020). In considering a section 2-615 motion, the court is required to accept as true all well-pleaded facts in the complaint, along with all reasonable inferences, and view those facts in the light most favorable to the plaintiff.

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

MacLeod v. Commonwealth Edison · filed 2024-04-12

A court must not dismiss a complaint under section 2-615 unless it is clearly apparent that no set of facts can be proved that would entitle the plaintiff to recovery.

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

Sauro v. Leman · filed 2024-01-04

In ruling on such a motion, a court accepts as true all well-pleaded facts and all ... reasonable inferences therefrom and determines “whether the complaint’s 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 permits dismissal only when it is clear that no provable set of facts would entitle the plaintiff to relief.

Stop Northpoint, LLC v. City of Joliet · filed 2024-01-19

A complaint should not be dismissed under section 2-615 unless it is clear no set of facts can be proven that will entitle the plaintiff to ... relief.

A complaint may be dismissed for failing to allege when the events occurred if that omission leaves the defendant without sufficient facts to understand the claim.

Cooley v. Amita St. Francis Hospital of Evanston · filed 2024-04-30

However, plaintiff's original complaint was properly dismissed as it set forth no allegations as to when defendant treated him, and thus failed to set forth specific facts to inform defendant of the nature and circumstances of the claim against it.

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

Erickson v. Knox County Wind Farm LLC · filed 2024-05-29

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

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

The Patriot Group, LLC v. Hilco Financial, LLC · filed 2024-06-14

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

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

Hulsh v. Hulsh · filed 2024-06-28

A motion to dismiss pursuant to section 2-615 of the Civil Practice Law (735 ILCS 5/2- 615 (West 2020)) attacks the legal sufficiency of the complaint.

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

Anderson v. Law Offices of Benedict Schwarz · filed 2024-09-03

A circuit court should grant a section 2–615 motion to dismiss only if it is clearly apparent that no set of facts can be proved that would entitle the plaintiff to relief. ... Here, the trial court erred in dismissing the plaintiff’s complaint. The plaintiff set forth all of the elements of a legal malpractice claim.

Section 2-615(a) motions test whether a complaint is legally sufficient to state a cause of action.

Medina v. Henderson · filed 2024-09-12(a)

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

Section 2-615 allows a court to dismiss a complaint for defects apparent on its face when it is legally insufficient.

Bohaboy v. Baxter International, Inc. · filed 2024-09-20

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

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

Sarmont v. DeWitt · filed 2024-09-25

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

A third-party promissory estoppel claim survives dismissal under section 2-615 when the pleaded facts state a claim.

Bankston Creek Corp. v. MK International, LLC · filed 2024-05-16

We reverse the circuit court’s dismissal of defendant’s fifth amended third-party complaint claim for promissory estoppel, where defendant alleged sufficient facts to state such claim.

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

City of Eureka v. Knobloch · filed 2024-05-30

A section 2-615 motion to dismiss challenges the legal sufficiency of the pleading attacked, i.e., whether it states a valid cause of action.

Section 2-615 permits dismissal when a pleading’s allegations, taken as true and viewed favorably to the plaintiff, cannot support relief.

Jones v. Greene · filed 2024-07-12

A trial court should not dismiss a cause of action pursuant to section 2-615 “unless it is clearly apparent that no set of facts can be proved that would entitle the plaintiff to relief.”

Section 2-615 allows dismissal of a complaint for legal insufficiency apparent on its face, while requiring courts to accept well-pleaded facts as true.

Littledale v. Sima · filed 2024-08-01

A motion filed under section 2-615 of the Code (735 ILCS 5/2-615 (West 2020)) challenges the legal sufficiency of a complaint based on defects apparent on the face of the complaint. ... Therefore, we conclude that the trial court properly granted defendant’s section 2-615 motion to dismiss count III of plaintiff’s second amended complaint.

Section 2-615 allows a motion to dismiss that challenges the legal sufficiency of the plaintiff’s claim.

Smith v. The Department of Agriculture · filed 2024-08-05

A motion to dismiss under section 2-619 admits the legal sufficiency ... of the claim but asserts defenses or defects outside the pleading to defeat the claim, while a motion to dismiss under section 2-615 challenges the legal sufficiency of the plaintiff’s claim.

Section 2-615 permits dismissal with leave to amend when conclusory allegations fail to plead facts establishing a duty of care.

Jones v. Donnelly · filed 2024-08-13

Turning to the merits, plaintiffs allege that the complaint sufficiently pleaded the causes of action against Catholic Charities to survive a motion to dismiss filed pursuant to section 2-615 of the Code (735 ILCS 5/2-615 (West 2020)). ... In sum, the relationship between defendants in the complaint that was needed to establish a duty of care was pleaded in a conclusory manner, and the circuit court did not err in dismissing the negligent hiring counts with leave to amend.

Section 2-615 permits dismissal when the facts alleged in a complaint fail to support a claim as a matter of law.

U.S. Bank National Ass'n v. Salgado · filed 2024-08-26

Thus, all of Salgado’s claims fail as matter of law and were properly dismissed pursuant to section 2-615.

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

Hopman v. State Farm Mutual Automobile Insurance Co. · filed 2024-06-18

A trial court should grant a section 2-615 motion to dismiss only if “it is clearly apparent that no set of facts can be proved that would entitle the plaintiff to relief.”

Section 2-615 permits a motion to dismiss based on whether the complaint states a cause of action.

Brown v. Law Bulletin Publishing Co. · filed 2024-07-11

Whether a complaint states a cause of action is an appropriate inquiry in the context of a motion to dismiss pursuant to section 2-615 of the Code.

Section 2-615 permits dismissal when a petition fails to state a cause of action for the relief requested.

Mitchell v. Pritzker · filed 2024-07-15

Accordingly, the circuit court properly dismissed the petition, as the petition failed to state causes of action for declaratory judgment or injunctive relief. See 735 ILCS 5/2-615 (West 2022).

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

Wolverine World Wide, Inc. v. Zurich American Insurance Co. · filed 2024-07-25

In sum, we find that Wolverine failed to sufficiently plead a cause of action against defendants under the TPA provision, or any other provision in the Policy. Accordingly, the circuit court did not err in granting the defendants’ joint motion to dismiss Wolverine’s complaint with prejudice pursuant to section 2-615 of the Code.

Section 2-615 permits dismissal when a petition, even read liberally, relies on unsupported conclusions rather than facts sufficient to state a cause of action.

Sides v. Manuel · filed 2024-08-08(a)

A motion to dismiss under section 2-615 attacks the legal sufficiency of the complaint by alleging defects on its face. ... Even construing the pleadings liberally, we do not find any support for his conclusory allegations. Therefore, we find that the court properly dismissed the petition for failure to state a cause of action.

Section 2-615 permits dismissal for failure to state a claim when the alleged facts, taken as true, do not support a legally recognized cause of action.

Johnson v. Wills · filed 2024-08-12

Before addressing the plaintiff’s contentions, we note that although the defendant did not cite section 2-615 of the Code of Civil Procedure (Code) (735 ILCS 5/2-615 (West 2022)), he did argue that the complaint failed to state a claim, an argument the court accepted. The question presented is thus whether the plaintiff’s complaint contains sufficient factual allegations to entitle him to relief if its allegations are proven. ... Although a complaint should not be dismissed for failure to state a claim unless it is apparent that no set of facts can be proven that will entitle the plaintiff to relief, the plaintiff must allege facts that are sufficient to bring his claim within a legally recognized cause of action to survive a motion to dismiss. ... We find no error in the court’s decision to dismiss the plaintiff’s complaint.

Section 2-615 permits dismissal for failure to state a claim when defects on the face of the complaint show that no provable facts would entitle the plaintiff to relief.

Lyon v. Higgins · filed 2024-08-16

A section 2-615 motion to dismiss for failure to state a claim challenges the legal sufficiency of a complaint based on defects on the face of the pleading. ... Thus, a section 2-615 motion to dismiss should be granted only if it is apparent that no set of facts can be proven which would entitle the plaintiff to relief. ... Jeffrey entrusted Mary with decision-making authority regarding the disposition of his remains, and there is no basis to claim that she breached her fiduciary duty to his estate by choosing to retain a portion of the remains for herself. Accordingly, we affirm the dismissal with prejudice of Andrew’s claim regarding the disposition of Jeffrey’s remains.

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

Moore v. Pendavinji · filed 2024-09-30

Upon reviewing the pleadings, we conclude that the trial court’s dismissal was nonetheless proper under section 2-615 where plaintiff failed to state a cause of action upon which relief may be granted as to both fraudulent misrepresentation and fraudulent concealment.

Section 2-615 requires courts to construe well-pleaded facts in the plaintiff’s favor when deciding whether a complaint states a claim.

Garcia v. Fitzgerald · filed 2024-09-13

On a section 2-615 motion, the court must construe all well-pleaded facts in the light most favorable to the plaintiff and determine whether the pleading states a claim on which relief can be granted.

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

Tripp v. Board of Education of Hinsdale Township High School District 86 · filed 2024-10-10

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

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

Westerman v. Junior's Auto Mart, LLC · filed 2024-11-06

A motion to dismiss pursuant to section 2-615 of the Civil Code “tests the legal sufficiency of the complaint.”

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

Sundermeier v. Rogers Ready Mix & Materials, Inc. · filed 2024-11-19

Regardless of forfeiture, it is clear defendants’ motion to dismiss was properly brought pursuant to section 2-615 as they were challenging the legal sufficiency of plaintiff’s first amended complaint based on the allegations in the complaint.

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

Sokolovski v. Arwady · filed 2024-10-11

Because Plaintiffs failed to allege sufficient facts to state a claim, the trial court properly dismissed their complaint under section 2-615.

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

Moore v. Pendavinji · filed 2024-10-15

Upon reviewing the pleadings, we conclude that the trial court’s dismissal was ... nonetheless proper under section 2-615, where plaintiff failed to state a cause of action upon which relief may be granted as to both fraudulent misrepresentation and fraudulent concealment.

Section 2-615 permits a motion to dismiss that tests whether a complaint states a claim for relief.

McBroom v. Logan County Sheriff's Office · filed 2024-11-22

A motion to dismiss pursuant to section 2-615 attacks the sufficiency of the complaint and raises the question of whether the complaint states a claim upon which relief can be granted.

Section 2-615 permits dismissal of a complaint that relies on conclusions rather than well-pleaded facts sufficient to state a claim.

Ybarra v. Centrust Bank, N.A. · filed 2024-12-13

In essence, they admit dismissal of count II was proper under section 2-615. Had they not, we would still find dismissal of count II was proper insofar as plaintiffs do not allege that Centrust was aware of BHA’s contracts with T2 and Real Realty. Nor do they allege any breach of those contracts or explain how the motion to appoint a receiver caused T2 and Real Realty to breach those contracts. Like count I, count II is replete with conclusions, not well-pleaded facts, and was properly dismissed.

Section 2-615 permits dismissal when a complaint fails to allege facts establishing that the defendants owed the plaintiff a duty.

Benavente v. Mumford · filed 2024-12-20

Based on the fact that plaintiff was not employed by defendants and defendants never personally collected or stored any of plaintiff’s biometric information, the circuit court properly dismissed plaintiff’s first amended complaint pursuant to section 2-615 (735 ILCS 5/2-615 (West 2022)).

Section 2-615 permits dismissal when a complaint’s well-pleaded allegations, accepted as true, do not establish a legally sufficient claim.

Zelek v. Manikowski · filed 2025-02-03

Accepting each of plaintiff’s well-pled allegations as true for purposes of resolving defendant’s section 2-615 motion to dismiss, the allegations set forth in the amended complaint do not sustain a claim for negligence as a matter of law.

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

Economou v. U-Stor-It Managers, LLC · filed 2025-02-07

A section 2-615 motion attacks the legal sufficiency of a complaint based on defects apparent on its face. ... Count I was properly dismissed, as Economou does not allege any deceptive or unfair practice.

Section 2-615(a) tests whether a complaint alleges enough facts to state a cause of action, with the allegations read in the plaintiff’s favor.

Smith v. Jones · filed 2025-02-18(a)

A section 2-615 motion to dismiss challenges the legal sufficiency of the complaint based on defects apparent on its face. ... We agree with plaintiffs that the complaint alleged sufficient facts to state a cause of action. When construed in the light most favorable to the plaintiffs, the allegations in the complaint bring plaintiffs’ claims within the scope of the causes of action asserted.

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

Laird v. Poole · filed 2025-03-04

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