Motion to Dismiss For Failure to State a Claim in Ohio

What Is a Motion to Dismiss For Failure to State a Claim?

Background

“A motion to dismiss for failure to state a claim upon which relief can be granted is procedural and tests the sufficiency of the complaint.” (State ex Rel. Fisher v. Am. Courts (1994) Inc., 96 Ohio App. 3d 297, 300-01 citing State ex rel. Hanson v. Guernsey Cty. Bd. of Commrs. (1992) 65 Ohio St.3d 545.)

“It is well settled that ‘when a party files a motion to dismiss for failure to state a claim, all the factual allegations of the complaint must be taken as true and all reasonable inferences must be drawn in favor of the nonmoving party.’” (State ex Rel. Fisher v. Am. Courts (1994) Inc., 96 Ohio App. 3d 297, 300-01 citing Byrd v. Faber (1991) 57 Ohio St.3d 56, 60 citing Mitchell v. Lawson Milk Co. (1988), 40 Ohio St.3d 190, 192; Thompson v. Cent. Ohio Cellular, Inc. (1994) 93 Ohio App.3d 530.)

General Information for Complaints and Motions

“All that the civil rules require is a short, plain statement of the claim that will give the defendant fair notice of the plaintiff's claim and the grounds upon which it is based.” (State ex Rel. Fisher, surpa, 96 Ohio App. 3d at 301 quoting Kelly v. E. Cleveland [Oct. 28, 1982], Cuyahoga App. No. 44448, unreported, 1982 WL 5979.)

In order for a court to properly grant a motion to dismiss for failure to state a claim, it must appear “‘beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.’” (State ex Rel. Fisher, id., at 301 quoting O'Brien v. University Community Tenants Union, Inc. (1975) 42 Ohio St.2d 242, 245.) Moreover, a trial court should not dismiss that complaint based on doubt that plaintiff will win on the merits. (State ex Rel. Fisher, id., Slife v. Kundtz Properties (1974) 40 Ohio App.2d 179.)

Conversion of Motion to Dismiss to Summary Judgment

“In certain circumstances, a motion to dismiss for failure to state a claim , under Civ. R. 12(B)(6), must be converted to a motion for summary judgment. ‘When a motion to dismiss for failure to state a claim upon which relief can be granted presents matters outside the pleading and such matters are not excluded by the court, the motion shall be treated as a motion for summary judgment and disposed of as provided in Rule 56....’” (National City Mortage Co. v. Wellman, 174 Ohio App. 3d 622, 627 [Ohio Ct. App. 2008] quoting Civ. R. 12(B).)

“When a court converts a motion to dismiss for failure to state a claim into a motion for summary judgment pursuant to Civ.R. 12(B) and 56(C), it must notify all parties at least fourteen days before the hearing date.” (Citibank (S.D.), N.A. v. Siciliano, 2004 Ohio 1528 [Ohio Ct. App. 2004] citing State ex rel. The V Cos. v. Marshall (1998) 81 Ohio St.3d 467, 470; see, also, Petrey v. Simon (1983) 4 Ohio St.3d 154, [paragraphs one and two of the syllabus].) “Notice is necessary because it permits the ‘surprised party’ the opportunity to discover and bring forward factual matters that are otherwise not relevant in the context of a dismissal.” (Id.)

Standard of Review and Burdens of Proof

“The standard for an appellate court reviewing a Civ.R. 12(B)(6) motion to dismiss is de novo.” (Bope v. A.W. Chesterton Co., 2005 Ohio 5432 [Ohio Ct. App. 2005] citing Greely v. Miami Valley Maintenance Contractors, Inc. (1990) 49 Ohio St.3d 228.)

The Court’s Decision

“The dismissal of a complaint for failure to state a claim is proper when it appears, beyond doubt, that the plaintiff can prove no set of facts entitling him to relief.... However, the court need not accept as true any unsupported and conclusory legal propositions advanced in the complaint.” (Kanu v. Univ. of Cincinnati, 2018 Ohio 4969, 4-5 [Ohio Ct. App. 2018][internal citations omitted].)

“In resolving a Civ.R. 12(B)(6) motion to dismiss, the trial court may consider only the statements and facts contained in the pleadings and may not consider or rely on evidence outside the complaint.” (Powell v. Vorys, Sater, Seymour Pease (1998) 131 Ohio App. 3d 681, 684 citing Estate of Sherman v. Millhon (1995) 104 Ohio App.3d 614, 617.)

Documents for Motion to Dismiss For Failure to State a Claim in Ohio

Sort By

12-CA-0004

4 pages

TIMNEAL, CLERK. WAYNE COUNTY COMMON PLEAS COURT 107 W. LIBERTY ST., PO BOX 507, WOOSTER, OHIO 44691 PHONE: (330) 287-5591 FAX: (330) 287-5416 NINTH DISTRICT COURT OF APPEALS MAY 14, 2012 CASE NO.: CAPTION: FILING: 12-CA-0004 EARLY WEYGANDT ET AL BRIEF OF APPELLANTS VS. VIRGIL WARD ET AL COPY TO ALL COUNSEL MAILED —\ e & Regular By. Dep. Clerk, AppealsCASE NO. 12-CA-0004 IN THE WAYNE COUNTY COURT OF APPEALS NINTH APPELLATE DISTRICT EARLY WEYGANDT, et al. Plaintiffs - Appellees vs.…

Case Name 12-CA-0004 - Plaintiff Not Entered vs. Defendant Not Entered