State Court Motion to Dismiss - Arizona

DEFENDANT'S MOTION TO DISMISS

(State of Arizona — Superior Court)

TABLE OF CONTENTS

1. Caption
2. Notice of Motion and Hearing
3. Motion to Dismiss

4. Memorandum of Law in Support
   4.1 Introduction
   4.2 Procedural Posture
   4.3 Statement of Relevant Facts
   4.4 Legal Standards
   4.5 Argument

5. Request for Oral Argument

6. Conclusion and Requested Relief
7. Certificate of Compliance
8. Certificate of Service
9. Exhibit A — Proposed Order

1. CAPTION

IN THE SUPERIOR COURT OF THE STATE OF ARIZONA
IN AND FOR THE COUNTY OF [________________]

Case No.: [________________]

DEFENDANT'S MOTION TO DISMISS
(Ariz. R. Civ. P. 12(b))
[ORAL ARGUMENT REQUESTED]

Hearing Date: [________________]
Hearing Time: [________________]
Courtroom: [________________]
Judge: Hon. [________________]

2. NOTICE OF MOTION AND HEARING

TO: ALL PARTIES AND THEIR ATTORNEYS OF RECORD

PLEASE TAKE NOTICE that on [Hearing Date] at [Hearing Time], or as soon thereafter as the matter may be heard, in [Courtroom] of the above-entitled court, located at [Courthouse Address, City, Arizona], before the Honorable [Judge Name], Defendant [Defendant Name] ("Defendant") will, and hereby does, move this Court for an order dismissing the [Complaint / Amended Complaint] (the "Complaint") filed by Plaintiff [Plaintiff Name] ("Plaintiff") pursuant to Ariz. R. Civ. P. 12(b), on the following grounds:

1. Lack of subject-matter jurisdiction (Rule 12(b)(1));
2. Lack of personal jurisdiction (Rule 12(b)(2));
3. Improper venue (Rule 12(b)(3)) — available only if this action cannot be, or could not have been, transferred to the proper county under A.R.S. § 12-404;
4. Insufficiency of process (Rule 12(b)(4));
5. Insufficiency of service of process (Rule 12(b)(5));
6. Failure to state a claim upon which relief can be granted (Rule 12(b)(6)); and/or
7. Failure to join a party under Rule 19 (Rule 12(b)(7)).

The motion is based on this Notice, the accompanying Memorandum of Law, the pleadings and records on file in this action, and any further evidence or argument that may be presented at or before the hearing.

DATED: [________________]

Respectfully submitted,

[FIRM NAME]

By: ______________________________
[ATTORNEY NAME]
[STATE BAR NO. ________________]
[FIRM ADDRESS]
[CITY, STATE ZIP]
[TELEPHONE] | [EMAIL]
Attorneys for Defendant [Defendant Name]

3. MOTION TO DISMISS

Defendant [Defendant Name] ("Defendant"), by and through undersigned counsel, respectfully moves this Court pursuant to Ariz. R. Civ. P. 12(b)([________________]) for an order dismissing the [Complaint / Amended Complaint] (the "Complaint") filed by Plaintiff [Plaintiff Name] ("Plaintiff"). In support of this Motion, Defendant relies upon the accompanying Memorandum of Law filed herewith.

4. MEMORANDUM OF LAW IN SUPPORT OF DEFENDANT'S MOTION TO DISMISS

4.1 Introduction

Defendant [Defendant Name] ("Defendant") respectfully moves this Court, pursuant to Ariz. R. Civ. P. 12(b)(1), 12(b)(5), and 12(b)(6), to dismiss the Complaint filed by Plaintiff [Plaintiff Name] ("Plaintiff") in its entirety. As set forth below, [concise summary of fatal defects].

4.2 Procedural Posture

1. Plaintiff filed the Complaint on [Date] asserting claims for [list claims].
2. A summons was issued on [Date].
3. Service was purportedly made on [Date], but the methods employed failed to comply with Ariz. R. Civ. P. 4.1 [or 4.2] as detailed below.
4. No substantive discovery has occurred, and no scheduling order has been entered.

4.3 Statement of Relevant Facts

4.4 Legal Standards

A. Motions to Dismiss Generally

A party may raise certain defenses by motion, including lack of jurisdiction, insufficiency of service, and failure to state a claim. Ariz. R. Civ. P. 12(b)(1), (5), (6). When evaluating a Rule 12(b)(6) motion, the Court accepts well-pleaded factual allegations as true but need not accept legal conclusions or unwarranted inferences. Jurisdictional challenges under Rule 12(b)(1) may rely on matters outside the pleadings without converting the motion into one for summary judgment.

B. Briefing Schedule

Pursuant to Ariz. R. Civ. P. 7.1(a)(3), any responsive memorandum is due within 10 days after this Motion and supporting Memorandum are served; any reply memorandum is due within 5 days after the responsive memorandum is served, and may address only matters raised in the response. Because both periods are less than 11 days, intermediate Saturdays, Sundays, and legal holidays are excluded from the count. Ariz. R. Civ. P. 6(a)(2).

C. Oral Argument

Under Ariz. R. Civ. P. 7.1(d), the Court may decide this Motion without oral argument even if argument is requested; the length of any argument permitted may be limited by local rule or order. Defendant requests oral argument because it will aid the Court in addressing the jurisdictional issues and clarifying the Complaint's defects.

D. Good Faith Consultation Certificate

Under Ariz. R. Civ. P. 12(j), a motion asserting improper venue (Rule 12(b)(3)), failure to state a claim (Rule 12(b)(6)), judgment on the pleadings (Rule 12(c)), or a motion to strike (Rule 12(f)) must be accompanied by a good faith consultation certificate complying with Ariz. R. Civ. P. 7.1(h). To the extent this Motion asserts any of those grounds, a good faith consultation certificate must be attached.

4.5 Argument

A. [First Ground for Dismissal — e.g., The Court Lacks Subject-Matter Jurisdiction (Rule 12(b)(1))]

B. [Second Ground for Dismissal — e.g., Plaintiff Failed to State a Claim (Rule 12(b)(6))]

1. Claim One — [Name of Claim]
   a. Essential elements: [________________]
   b. Pleading deficiencies: [________________]

2. Claim Two — [Name of Claim]
   [________________]

C. [Third Ground for Dismissal — e.g., Service of Process Was Insufficient (Rule 12(b)(5))]

5. REQUEST FOR ORAL ARGUMENT

Defendant believes oral argument will assist the Court and therefore requests it pursuant to Ariz. R. Civ. P. 7.1(d), which vests the decision whether to hold oral argument in the Court's discretion.

6. CONCLUSION AND REQUESTED RELIEF

WHEREFORE, Defendant respectfully requests that this Court:

1. Dismiss the Complaint in its entirety with prejudice;
2. Award Defendant its costs incurred herein pursuant to A.R.S. § 12-341; and
3. Grant such other and further relief as the Court deems just and proper.

7. CERTIFICATE OF COMPLIANCE

This Motion and its supporting Memorandum together contain [________________] pages, excluding attachments and any required statement of facts, and do not exceed the 17-page limit set forth in Ariz. R. Civ. P. 7.1(a)(2). (Arizona's page-limit rule governs length; it does not impose a word-count limit.)

8. CERTIFICATE OF SERVICE

I hereby certify that on [Date], I electronically filed the foregoing Motion with the Clerk of the Court using the [e-filing system] and served a copy via [mode of service] on:

[Opposing Counsel Name]
[Firm Name]
[Address]
[City, State ZIP]
[Email]

______________________________
[Attorney Name]
[State Bar No. ________________]

EXHIBIT A — PROPOSED ORDER

(Submit as a separate, single-page document per local practice.)

IN THE SUPERIOR COURT OF THE STATE OF ARIZONA
IN AND FOR THE COUNTY OF [________________]

Case No.: [________________]

ORDER GRANTING DEFENDANT'S MOTION TO DISMISS

The Court, having considered Defendant [Defendant Name]'s Motion to Dismiss and any response and reply thereto, and good cause appearing,

IT IS ORDERED that the Motion is GRANTED.

1. The Complaint is DISMISSED [WITH / WITHOUT] PREJUDICE.
2. Defendant is awarded its taxable costs in an amount to be determined upon compliance with Ariz. R. Civ. P. 54(d).

IT IS FURTHER ORDERED [________________].

DATED this ______ day of ________________, 20____.

______________________________
Judge of the Superior Court