Motion to Dismiss

IN THE SUPERIOR COURT OF THE STATE OF ARIZONA

IN AND FOR THE COUNTY OF [________________________________]

[________________________________],
Plaintiff,

v.

[________________________________],
Defendant.

Case No.: [________________________________]

DEFENDANT'S MOTION TO DISMISS

(Pursuant to Ariz. R. Civ. P. 12(b))

INTRODUCTION

Defendant [________________________________] ("Defendant"), by and through undersigned counsel, respectfully moves this Court pursuant to Rule 12(b) of the Arizona Rules of Civil Procedure for an Order dismissing the Complaint of Plaintiff [________________________________] ("Plaintiff") in its entirety, with prejudice, on the grounds set forth below. This Motion is supported by the accompanying Memorandum of Points and Authorities.

GROUNDS FOR DISMISSAL

Defendant moves for dismissal on the following grounds (check all that apply):

☐ Ground 1 – Lack of Subject Matter Jurisdiction [Ariz. R. Civ. P. 12(b)(1)]
The Court lacks jurisdiction over the subject matter of Plaintiff's claims because [________________________________].

☐ Ground 2 – Lack of Personal Jurisdiction [Ariz. R. Civ. P. 12(b)(2)]
The Court lacks personal jurisdiction over Defendant because Defendant does not have sufficient minimum contacts with Arizona to satisfy constitutional due process. [________________________________].

☐ Ground 3 – Improper Venue [Ariz. R. Civ. P. 12(b)(3)]
Venue is improper in [________________________________] County. Proper venue lies in [________________________________] County pursuant to A.R.S. § [________________________________].

☐ Ground 4 – Insufficiency of Process [Ariz. R. Civ. P. 12(b)(4)]
The process issued in this matter is insufficient because [________________________________].

☐ Ground 5 – Insufficiency of Service of Process [Ariz. R. Civ. P. 12(b)(5)]
Service of process upon Defendant was insufficient because [________________________________].

☐ Ground 6 – Failure to State a Claim [Ariz. R. Civ. P. 12(b)(6)]
The Complaint fails to state a claim upon which relief can be granted. Plaintiff's allegations are insufficient to demonstrate plausible entitlement to relief under Arizona's pleading standard.

☐ Ground 7 – Failure to Join an Indispensable Party [Ariz. R. Civ. P. 12(b)(7)]
Plaintiff has failed to join [________________________________], an indispensable party whose joinder is required under Ariz. R. Civ. P. 19 because [________________________________].

☐ Ground 8 – Statute of Limitations
Plaintiff's claims are barred by the applicable statute of limitations under A.R.S. § [________________________________], which provides a [____]-year limitations period. The cause of action accrued on or about [__/__/____], and this action was not filed until [__/__/____].

☐ Ground 9 – Res Judicata / Claim Preclusion
Plaintiff's claims are barred by res judicata based on the prior final judgment in Case No. [________________________________] entered on [__/__/____].

☐ Ground 10 – Collateral Estoppel / Issue Preclusion
Issues necessary to Plaintiff's claims were previously litigated and decided in Case No. [________________________________].

☐ Ground 11 – Lack of Standing
Plaintiff lacks standing to bring this action because [________________________________].

☐ Ground 12 – Arizona Public Records Law / Immunity
[________________________________].

☐ Ground 13 – Preemption
Plaintiff's state law claims are preempted by [federal law / other applicable law]: [________________________________].

☐ Ground 14 – Other
[________________________________].

PROCEDURAL BACKGROUND

1. On or about [__/__/____], Plaintiff filed the Complaint in the [________________________________] County Superior Court.

2. Defendant was purportedly served with the Summons and Complaint on [__/__/____].

3. Under Ariz. R. Civ. P. 12(a)(1)(A), Defendant must serve an answer within 20 days after service of the Summons and Complaint. (For FASTAR cases — Limited Jurisdiction cases under the Fast, Affordable, Simple Trial program — the deadline is shorter; verify with the assigned court.)

4. This Motion is timely filed before the expiration of Defendant's answer deadline of [__/__/____], and before pleading, as required by Ariz. R. Civ. P. 12(b).

5. [Additional relevant procedural facts:]
   [________________________________]

MEMORANDUM OF POINTS AND AUTHORITIES

I. INTRODUCTION AND SUMMARY OF ARGUMENT

[Provide a concise overview of why dismissal is warranted.]

[________________________________]
[________________________________]

II. LEGAL STANDARD

A. Standard Under Ariz. R. Civ. P. 12(b)(6) — Failure to State a Claim

A motion to dismiss for failure to state a claim tests the legal sufficiency of the complaint. When ruling on a 12(b)(6) motion, the court accepts as true all well-pleaded factual allegations and resolves all reasonable inferences in the plaintiff's favor. Cullen v. Auto-Owners Ins. Co., 218 Ariz. 417, 189 P.3d 344 (2008).

Arizona follows a notice pleading standard under Ariz. R. Civ. P. 8(a)(1), which requires only "a short and plain statement of the claim showing that the pleader is entitled to relief." The complaint need not allege detailed facts, but must provide enough factual content to allow a reasonable inference that the defendant is liable. Coleman v. City of Mesa, 230 Ariz. 352, 284 P.3d 863 (2012).

In Coleman, the Arizona Supreme Court adopted a standard similar to (but not identical to) the federal Twombly/Iqbal framework: a complaint must contain sufficient factual matter, accepted as true, to "state a claim to relief that is plausible on its face." The court clarified that while a complaint need not plead detailed factual allegations, it must contain more than labels, conclusions, or a formulaic recitation of the elements of a cause of action. Id. at 359.

Importantly, the court may not consider matters outside the pleadings on a 12(b)(6) motion without converting it to a motion for summary judgment under Ariz. R. Civ. P. 56.

B. Standard Under Ariz. R. Civ. P. 12(b)(1) — Subject Matter Jurisdiction

The court may consider evidence outside the pleadings when ruling on a 12(b)(1) motion for lack of subject matter jurisdiction. The plaintiff bears the burden of establishing jurisdiction. Subject matter jurisdiction may be challenged at any time, even on appeal.

C. Standard Under Ariz. R. Civ. P. 12(b)(2) — Personal Jurisdiction

The plaintiff bears the burden of making a prima facie showing of personal jurisdiction when challenged. Arizona's long-arm rule, Ariz. R. Civ. P. 4.2(a), extends jurisdiction to the fullest extent permitted by the United States and Arizona Constitutions. Meyers v. Hamilton Corp., 143 Ariz. 249 (1984).

III. ARGUMENT

A. [SUBJECT MATTER JURISDICTION — complete if applicable]

This Court lacks subject matter jurisdiction over the present action because [________________________________].

The Arizona Superior Court has general jurisdiction under A.R.S. § 12-123, but that jurisdiction is subject to constitutional and statutory limitations. [Cite applicable statute or constitutional provision.]

Specifically, [explain why subject matter jurisdiction is lacking]: [________________________________].

Because this Court has no power to adjudicate this matter, the Complaint must be dismissed pursuant to Ariz. R. Civ. P. 12(b)(1).

B. [PERSONAL JURISDICTION — complete if applicable]

This Court lacks personal jurisdiction over Defendant because Defendant lacks the constitutionally required minimum contacts with Arizona.

Defendant is [a non-resident individual / a corporation organized under the laws of / an entity with its principal place of business in] [________________________________].

Under Ariz. R. Civ. P. 4.2(a), Arizona's long-arm statute, personal jurisdiction over a non-resident extends to the fullest extent permitted by the Fourteenth Amendment's due process clause. Cybersell, Inc. v. Cybersell, Inc., 130 F.3d 414 (9th Cir. 1997) (interpreting Arizona long-arm rule).

Defendant lacks the requisite minimum contacts:

1. Defendant is not domiciled in, incorporated in, or has its principal place of business in Arizona.

2. Defendant did not commit any act in Arizona that gives rise to the claims in this case.

3. Defendant has not purposefully availed itself of the privilege of conducting business in Arizona.

The maintenance of this action in Arizona would offend traditional notions of fair play and substantial justice. International Shoe Co. v. Washington, 326 U.S. 310 (1945). The Complaint must be dismissed pursuant to Ariz. R. Civ. P. 12(b)(2).

C. [IMPROPER VENUE — complete if applicable]

Venue is improper in [________________________________] County. Under A.R.S. § 12-401 or § [________________________________], venue for this type of action is proper in [________________________________] County because:

[Explain why current venue is improper under applicable statute.] The action should be dismissed or transferred to [________________________________] County pursuant to Ariz. R. Civ. P. 12(b)(3).

D. [INSUFFICIENCY OF PROCESS / SERVICE — complete if applicable]

Defendant was not properly served as required by Ariz. R. Civ. P. 4. The deficiencies in process and/or service are:

☐ The summons was not issued or signed by the clerk of court as required by Ariz. R. Civ. P. 4(a).

☐ Service was not made within 90 days after the filing of the Complaint as required by Ariz. R. Civ. P. 4(i).

☐ Service was not made on a proper person or by an authorized method. Specifically, [________________________________].

☐ Service on a corporation/entity did not comply with Ariz. R. Civ. P. 4.1(i) because [________________________________].

☐ Other: [________________________________].

Because proper service is a prerequisite to the Court's exercise of personal jurisdiction, this action must be dismissed pursuant to Ariz. R. Civ. P. 12(b)(4) and/or 12(b)(5).

E. [FAILURE TO STATE A CLAIM — complete if applicable]

The Complaint fails to state a plausible claim for relief as required by Coleman v. City of Mesa, 230 Ariz. 352 (2012), and must be dismissed pursuant to Ariz. R. Civ. P. 12(b)(6).

Count [____]: [Name of Cause of Action]

To state a claim for [cause of action] under Arizona law, Plaintiff must allege: (1) [element]; (2) [element]; (3) [element]; and (4) [element]. [Citation], [____] Ariz. [____], [____] P.[____] [____] ([____]).

The Complaint is deficient for the following reasons:

1. [Element not adequately pleaded]: The Complaint alleges only that "[quote from complaint]." This bare assertion is a conclusory legal conclusion, not a factual allegation. The Complaint contains no facts showing [________________________________].

2. [Missing element]: The Complaint wholly fails to allege [________________________________], an essential element of [cause of action]. Without such facts, no plausible claim exists.

3. [Other deficiency]: [________________________________].

The Complaint does not cross the threshold from conceivable to plausible. Coleman, 230 Ariz. at 359. Therefore, dismissal is required.

[Repeat analysis for each count.]

F. [STATUTE OF LIMITATIONS — complete if applicable]

Plaintiff's claims are time-barred under A.R.S. § [________________________________].

The applicable statute of limitations for [type of claim] in Arizona is [____] year(s). The cause of action accrued on [__/__/____] when [describe the accrual event]. See [Arizona accrual case].

Plaintiff filed this action on [__/__/____], which is [____] days / months / years after the limitations period expired on [__/__/____].

No tolling doctrine applies:

☐ The discovery rule does not save the claim because Plaintiff knew or reasonably should have known of the claim by [__/__/____]. [Citation].

☐ The fraudulent concealment doctrine does not apply because [________________________________].

☐ The minority / disability tolling provision under A.R.S. § 12-502 does not apply because [________________________________].

All claims are time-barred and must be dismissed with prejudice.

IV. CONCLUSION

For the foregoing reasons, Defendant [________________________________] respectfully requests that this Court:

1. Grant this Motion to Dismiss in its entirety;

2. Dismiss Plaintiff's Complaint [with / without] prejudice;

3. ☐ Transfer this action to [________________________________] County where venue is proper;

4. Award Defendant its reasonable attorney's fees pursuant to A.R.S. § 12-341.01 (if arising out of contract) and/or other applicable authority; and

5. Award Defendant its taxable costs pursuant to A.R.S. § 12-341; and

6. Grant such other and further relief as this Court deems just and proper.

REQUEST FOR ORAL ARGUMENT

☐ Defendant requests oral argument on this Motion pursuant to Ariz. R. Civ. P. 7.1(d).

☐ Defendant does not request oral argument and submits this matter on the briefs.

Estimated argument time: [____] minutes per side.

PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully prays for this Court's Order granting this Motion to Dismiss, dismissing Plaintiff's Complaint with prejudice, and for such further relief as the Court deems appropriate.

Respectfully submitted,

Dated: [__/__/____]

[________________________________]
[________________________________] (Ariz. Bar No. [________________________________])
[________________________________]
[________________________________]
[________________________________], Arizona [____]
Telephone: ([____]) [____]-[____]
Facsimile: ([____]) [____]-[____]
Email: [________________________________]
Attorney for Defendant [________________________________]

CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], I caused the foregoing DEFENDANT'S MOTION TO DISMISS and Memorandum of Points and Authorities to be served upon the following counsel of record and/or parties by the method indicated:

[________________________________]
[________________________________]
[________________________________]
[________________________________]

☐ AZTurboCourt (Arizona e-filing system) — electronic service upon all registered users.

☐ U.S. Mail, First Class, postage prepaid.

☐ Hand Delivery.

☐ Electronic Mail (by agreement): [________________________________]

☐ Facsimile: ([____]) [____]-[____]

[________________________________]
[Print Name / Signature]

FILING NOTES AND INSTRUCTIONS

Filing Deadline: Under Ariz. R. Civ. P. 12(b), this Motion must be filed before filing the answer. Defendant's answer is due within 20 days of service (Ariz. R. Civ. P. 12(a)(1)(A)). For FASTAR (Fast, Affordable, Simple Trial) cases and justice court cases, different timelines apply. Verify the applicable deadline for your specific case type.

Page Limits: Under Ariz. R. Civ. P. 7.1(b), motions and response briefs are limited to 17 pages each, and reply briefs to 11 pages (not counting caption, signature block, certificate of service, and attachments). These limits apply to the combined motion and memorandum. A court may grant an extension for good cause.

Response Deadline: Under Ariz. R. Civ. P. 7.1(a), the opposing party has 20 days after service to file a response.

Reply Deadline: The moving party may file a reply within 10 days after service of the response.

E-Filing: Arizona uses AZTurboCourt for e-filing in superior courts. Visit https://azturbocourt.gov/. E-filing is mandatory in most Arizona counties.

Tolling Effect: Service of this Motion tolls the obligation to file an answer. If the Court denies the Motion, the answer is due within the time allowed by the Court's order or 10 days after notice of the ruling. Ariz. R. Civ. P. 12(a)(4).

Attorney Fees: A.R.S. § 12-341.01 authorizes an award of attorney fees to the successful party in any contested action arising out of a contract. If Plaintiff's claims sound in contract and you prevail on this Motion, consider including a fee application.

Waiver of Defenses: Under Ariz. R. Civ. P. 12(h)(1), defenses of personal jurisdiction (12(b)(2)), improper venue (12(b)(3)), insufficiency of process (12(b)(4)), and insufficiency of service (12(b)(5)) are waived if not raised in the first Rule 12 motion or in the answer. Subject matter jurisdiction (12(b)(1)) cannot be waived.

Sources and References:

• Arizona Rules of Civil Procedure: https://www.azleg.gov/rules/
• Arizona Courts (AZTurboCourt): https://azturbocourt.gov/
• Arizona Revised Statutes: https://www.azleg.gov/arstitle/
• Coleman v. City of Mesa: 230 Ariz. 352, 284 P.3d 863 (2012)