Motion to Dismiss - Washington

IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON

FOR [COUNTY] COUNTY

Judge: [NAME]

DEFENDANT'S MOTION TO DISMISS AND MEMORANDUM IN SUPPORT

Defendant [name] moves under CR 12(b)([selected grounds]) to dismiss [identify pleading or claims]. If the cause of action is based on covered public expression and no RCW 4.105.010(3) exception applies, the optional special-motion section below may instead be used under RCW 4.105.020. Identify the selected route and relief clearly.

Grounds and relief under CR 12

Select only supported grounds:

• ☐ CR 12(b)(1), lack of subject-matter jurisdiction: [specific limit on this court's jurisdiction].
• ☐ CR 12(b)(2), lack of personal jurisdiction: [basis].
• ☐ CR 12(b)(3), improper venue: [basis and proposed proper county].
• ☐ CR 12(b)(4), insufficient process: [defect].
• ☐ CR 12(b)(5), insufficient service of process: [defect].
• ☐ CR 12(b)(6), failure to state a claim: [claim and legal defect].
• ☐ CR 12(b)(7), failure to join a party under CR 19: [party and basis].

Defendant seeks [specific relief for each selected ground]. For improper venue, request a change of venue under RCW 4.12.030(1) if the complaint names an improper county; identify affidavit or other satisfactory proof. Specify whether any requested dismissal is with or without prejudice and give case-specific authority. Do not ask for fees or costs without a separate verified basis.

Memorandum of law

Procedural background

Plaintiff filed [pleading] on [date]. Defendant was served by [method] on [date]. CR 12(a)(1) generally provides 20 days to answer after ordinary service under CR 4. CR 12(a)(2)-(4) gives 60 days for publication, qualifying personal service outside the state, and service in a jail, detention facility, or prison facility, subject to the rule's statutory exceptions. Check the actual service route and any other applicable rule or order before calculating the response date. A CR 12(b) motion raising the listed defenses must precede the responsive pleading when one is permitted.

Argument

Ground [number]: [title]. [Cite current controlling authority for the selected ground.] [Identify the precise allegation or record fact.] [Apply that authority to each challenged claim and explain the requested relief.]

[Repeat for each selected ground. If using CR 12(b)(6), address any materials outside the pleading under CR 12(b)'s summary-judgment conversion rule.]

Conclusion

Defendant asks the Court to [specific order tied to the selected grounds].

Dated: [DATE]

[ATTORNEY SIGNATURE]
[NAME, WSBA NUMBER]
[ADDRESS, PHONE, EMAIL]
Counsel for Defendant

Optional separate ground: special motion under RCW 4.105.020

Use this section only if the cause of action is based on one of the activities in RCW 4.105.010(2) and no exception in subsection (3) bars the chapter. State the specific covered communication or constitutional activity and analyze each potentially applicable exception: [facts and authority]. A connection merely “related to” protected speech is insufficient as the stated statutory test.

The moving party gave written notice of intent to file this special motion to [responding party] on [date], at least 14 days before filing, under RCW 4.105.020(1). [Attach notice and proof of delivery.] The special motion is filed within 60 days after service of the pleading asserting the covered cause of action, or [state good cause for later filing], under § 4.105.020(2).

Defendant seeks dismissal under the specific grounds and burdens of § 4.105.060(1): [apply subsections (a), (b), and (c) to the record]. Identify any stay under § 4.105.030 and its statutory exceptions. If Defendant prevails on this special motion, request the costs, reasonable attorney fees, and reasonable litigation expenses provided by § 4.105.090. The fee consequence of omitting the 14 day notice appears in § 4.105.020(1).

Notice of hearing, if scheduled

To all parties and counsel of record: This motion will be heard on [court-scheduled or properly noted date] at [time] before Judge [name] at [courtroom or remote setting]. Complete and serve this notice under the applicable county local rules and any court order. Identify whether this is a CR 12 motion or an RCW 4.105 special motion.

Dated: [DATE] | [COUNSEL SIGNATURE]

Certificate of service

I certify that on [date], I served this motion, memorandum, [notice of hearing if applicable], and [attachments] on [names and addresses] by [authorized method].

[Signature]

Proposed order for the Court's consideration

SUPERIOR COURT OF THE STATE OF WASHINGTON · [COUNTY] COUNTY

ORDER ON DEFENDANT'S MOTION TO DISMISS

Upon consideration of the motion, response, record, and [hearing if held], the Court orders:

1. The motion is ☐ granted ☐ denied ☐ granted in part as to [claims or parties].
2. [State each ground, affected claims, and disposition, including whether dismissal is with or without prejudice or venue is changed to a named county.]
3. [If and only if this is a granted RCW 4.105 special motion, state the findings under § 4.105.060 and the § 4.105.090 award; otherwise insert separately supported relief only.]

Dated: [DATE] | Superior Court Judge: [SIGNATURE]

Filing checklist

• CR 12(g)-(h) can waive available personal-jurisdiction, venue, process, and service defenses if omitted from an earlier CR 12 motion or not properly raised in the answer. A blanket reservation does not change that rule.
• For venue, supply the RCW 4.12.030 proof supporting transfer rather than requesting automatic merits dismissal.
• Confirm the county's current local motion calendar, notice, briefing, and filing rules before noting a hearing.