“When a defendant moves to dismiss under K.S.A. 2021 Supp. 60-212(b)(6) challenging the legal sufficiency of a claim, a court must decide the issue based only on the well-pled facts and allegations generally drawn from the petition.” (See Spear v. Mayes, 123,714, at *15 (Kan. Ct. App. Sep. 2, 2022).)
"Courts must resolve every factual dispute in the plaintiff's favor when determining whether the petition states any valid claim for relief. Dismissal is proper only when the allegations in the petition clearly demonstrate that the plaintiff does not have a claim." (See id; Steckline Communications, Inc. v. Journal Broadcast Group of Kansas, Inc. (2017) 305 Kan. 761, 76778, 388 P.3d 84.)
“On review, appellate courts "assume as true the well-pled facts and any inferences reasonably drawn from them. If those facts and inferences state any claim upon which relief can be granted, dismissal is improper." (See id.)
Motions to dismiss for failure to state a claim are governed under subsection 60-212 of the Kansas statutes.
In pertinent part, the rule states that “every defense to a claim for relief in any pleading must be asserted in the responsive pleading if one is required. But a party may assert the following defenses by motion… failure to state a claim upon which relief can be granted…” (See Kan. Stat. § 60-212(b)(6).)
“A motion asserting any of these defenses must be made before pleading if a responsive pleading is allowed. If a pleading sets out a claim for relief that does not require a responsive pleading, an opposing party may assert at trial any defense to that claim.” (See Kan. Stat. § 60-212(b).)
“No defense or objection is waived by joining it with one or more other defenses or objections in a responsive pleading or in a motion.” (See id.)
“Whether a district court erred by granting a motion to dismiss for failure to state a claim is a question of law subject to unlimited review.” (See League of Women Voters of Kan. v. Schwab (2023) 525 P.3d 803, 824; Jayhawk Racing Properties v. City of Topeka (2021) 313 Kan. 149, 154, 484 P.3d 250.)
“An appellate court will view the well-pleaded facts in a light most favorable to the plaintiff and assume as true those facts and any inferences reasonably drawn from them.” (See League of Women Voters of Kan. v. Schwab (2023) 525 P.3d 803, 824.)
“If those facts and inferences state any claim upon which relief can be granted, then dismissal is improper.” (See id.)
“Dismissal is proper only when the allegations in the petition clearly show the plaintiff does not have a claim.” (See id; Kudlacik v. Johnny's Shawnee, Inc. (2019) 309 Kan. 788, 790, 440 P.3d 576.)
“Also, in considering how pleadings work in Kansas, our Supreme Court has advised that, under Kansas' notice pleading, the petition is not intended to govern the entire course of the case. Rather the ultimate decision as to the legal issues and theories on which the case will be decided.” (See id.)
“We review decisions to dismiss for failure to state a claim de novo.” (See Cohen v. Battaglia (2013) 296 Kan. 542, 545, 293 P.3d 752; Steckline Commc'ns, Inc. v. Journal Broad. Grp. of Kan., Inc. (2017) 388 P.3d 84, 90.)
It is well settled that “Kansas adheres to notice pleading. In other words, a pleading is sufficient if it contains [a] short and plain statement of the claim showing that the pleader is entitled to relief and a demand for the relief sought. Substance will prevail over form. A plaintiff is not required to categorize causes of action or cite statutory authority or common-law bases for the suit.” (See Lumry v. State, 307 P.3d 232, 246 (Kan. Ct. App. 2013); K.S.A. 2012 Supp. 60–208(a); Golden v. Den–Mat Corporation, 47 Kan.App.2d 450, 461, 276 P.3d 773 (2012); Baska v. Scherzer (2007) 283 Kan. 750, 755, 156 P.3d 617; Berry v. National Medical Services, Inc. (2011) 292 Kan. 917, 918, 257 P.3d 287.)
As such, it is also well settled that “when faced with a motion to dismiss for failure to state a claim, the court must decide whether facts state a claim as espoused by the plaintiff or on any other possible theory the court can divine. A rule of liberal construction applies when judging whether a claim has been stated. The petition is not intended to govern the entire course of the case.” (See Lumry v. State, 307 P.3d 232, 246 (Kan. Ct. App. 2013); Nungesser v. Bryant, 283 Kan. 550, 559, 153 P.3d 1277 (2007); Montoy v. State, 275 Kan. 145, 148, 62 P.3d 228 (2003); Berry v. National Medical Services, Inc.,292 Kan. 917, 918, 257 P.3d 287 (2011).
Apr 18, 2024
Active
District
Saline County, KS
Feb 02, 2024
Dismissal
Hon. Ternes, Div. 20, Stephen
Sedgwick County
Sedgwick County, KS
Feb 02, 2024
Dismissal
Hon. Fleetwood, James
Sedgwick County
Sedgwick County, KS
Jan 22, 2024
Dismissal
Dickinson County
Dickinson County, KS
Jan 22, 2024
Dismissal
Hon. Ternes, Div. 20, Stephen
Sedgwick County
Sedgwick County, KS
Jan 05, 2024
Dismissal
Geary County
Geary County, KS
Jan 04, 2024
Dismissal
Harvey County
Harvey County, KS
Jan 03, 2024
Judgment (Other)
Douglas County
Douglas County, KS
Sep 29, 2023
Dismissal
Linn County
Linn County, KS
Sep 26, 2023
Active
Johnson County
Johnson County, KS
Sep 25, 2023
Active
Johnson County
Johnson County, KS
Sep 15, 2023
Active
Johnson County
Johnson County, KS
Sep 15, 2023
Dismissal
Johnson County
Johnson County, KS
Sep 15, 2023
Active
Johnson County
Johnson County, KS
Sep 15, 2023
Dismissal
Johnson County
Johnson County, KS
Sep 13, 2023
Active
Johnson County
Johnson County, KS
Sep 13, 2023
Dismissal
Johnson County
Johnson County, KS
Sep 12, 2023
Active
Johnson County
Johnson County, KS
Sep 01, 2023
Dismissal
Kingman County
Kingman County, KS
Aug 28, 2023
Judgment (Other)
Ness County
Ness County, KS
Aug 24, 2023
Active
Dickinson County
Dickinson County, KS
Aug 23, 2023
Active
Harvey County
Harvey County, KS
Aug 23, 2023
Active
Bourbon County
Bourbon County, KS
Aug 16, 2023
Active
Labette County
Labette County, KS
Aug 15, 2023
Active
Morton County
Morton County, KS
Aug 15, 2023
Active
Edwards County
Edwards County, KS
Aug 15, 2023
Active
Riley County
Riley County, KS
Aug 14, 2023
Active
Montgomery County
Montgomery County, KS
Aug 09, 2023
Active
Montgomery County
Montgomery County, KS
Aug 04, 2023
Dismissal
Pottawatomie County
Pottawatomie County, KS
Aug 04, 2023
Active
Pottawatomie County
Pottawatomie County, KS
Aug 01, 2023
Active
Cherokee County
Cherokee County, KS
Jul 31, 2023
Active
Sherman County
Sherman County, KS
Jul 28, 2023
Active
Osage County
Osage County, KS
Jul 21, 2023
Dismissal
Russell County
Russell County, KS
Jul 19, 2023
Dismissal
Jackson County
Jackson County, KS
Jul 18, 2023
Dismissal
Ford County
Ford County, KS
Jul 18, 2023
Dismissal
Kearny County
Kearny County, KS
Jul 17, 2023
Dismissal
Brown County
Brown County, KS
Jul 17, 2023
Active
Marshall County
Marshall County, KS
Jul 14, 2023
Active
Linn County
Linn County, KS
Jul 13, 2023
Active
Bourbon County
Bourbon County, KS
Jul 11, 2023
Judgment (Other)
Pottawatomie County
Pottawatomie County, KS
Jul 07, 2023
Dismissal
Cherokee County
Cherokee County, KS
Jul 05, 2023
Active
Neosho County
Neosho County, KS
Jul 03, 2023
Dismissal
Franklin County
Franklin County, KS
Jul 03, 2023
Dismissal
Linn County
Linn County, KS
Jun 29, 2023
Dismissal
Geary County
Geary County, KS
Jun 20, 2023
Judgment (Other)
Pratt County
Pratt County, KS
Jun 19, 2023
Dismissal
Harvey County
Harvey County, KS
Jun 16, 2023
Dismissal
Cloud County
Cloud County, KS
Jun 14, 2023
Default Judgment
Graham County
Graham County, KS
Jun 14, 2023
Dismissal
Republic County
Republic County, KS
Jun 13, 2023
Dismissal
Osborne County
Osborne County, KS
Jun 12, 2023
Dismissal
Anderson County
Anderson County, KS
Jun 08, 2023
Dismissal
Ellis County
Ellis County, KS
Jun 08, 2023
Active
Atchison County
Atchison County, KS
Jun 07, 2023
Dismissal
Cowley County
Cowley County, KS
Jun 07, 2023
Dismissal
Butler County
Butler County, KS
Jun 06, 2023
Dismissal
Ellsworth County
Ellsworth County, KS
Jun 05, 2023
Dismissal
Harvey County
Harvey County, KS
Jun 05, 2023
Dismissal
Ellsworth County
Ellsworth County, KS
Jun 03, 2023
Judgment (Other)
Osage County
Osage County, KS
Jun 02, 2023
Dismissal
Neosho County
Neosho County, KS
Jun 02, 2023
Dismissal
Hon. Sweeney-Reeder, Elizabeth
Miami County
Miami County, KS
Jun 01, 2023
Active
Ellsworth County
Ellsworth County, KS
May 31, 2023
Active
Cherokee County
Cherokee County, KS
May 30, 2023
Dismissal
Geary County
Geary County, KS
May 26, 2023
Dismissal
Ness County
Ness County, KS
May 26, 2023
Dismissal
Logan County
Logan County, KS
May 26, 2023
Settlement
Meade County
Meade County, KS
May 23, 2023
Active
Cherokee County
Cherokee County, KS
May 23, 2023
Dismissal
Crawford County
Crawford County, KS
May 23, 2023
Dismissal
Butler County
Butler County, KS
May 19, 2023
Judgment (Other)
Cherokee County
Cherokee County, KS
May 18, 2023
Default Judgment
Rice County
Rice County, KS
May 17, 2023
Dismissal
Seward County
Seward County, KS
May 17, 2023
Dismissal
Linn County
Linn County, KS
May 16, 2023
Dismissal
Trego County
Trego County, KS
May 15, 2023
Active
Montgomery County
Montgomery County, KS
May 15, 2023
Dismissal
Wabaunsee County
Wabaunsee County, KS
May 12, 2023
Judgment (Other)
Seward County
Seward County, KS
May 10, 2023
Active
Montgomery County
Montgomery County, KS
May 10, 2023
Default Judgment
Gray County
Gray County, KS
May 08, 2023
Dismissal
Jewell County
Jewell County, KS
May 08, 2023
Dismissal
Clay County
Clay County, KS
May 05, 2023
Active
Montgomery County
Montgomery County, KS
May 04, 2023
Judgment (Other)
Lyon County
Lyon County, KS
May 02, 2023
Judgment (Other)
Franklin County
Franklin County, KS
May 02, 2023
Dismissal
Cowley County
Cowley County, KS
Apr 27, 2023
Active
Cowley County
Cowley County, KS
Apr 24, 2023
Dismissal
Neosho County
Neosho County, KS
Apr 21, 2023
Active
Jefferson County
Jefferson County, KS
Apr 20, 2023
Judgment (Other)
Riley County
Riley County, KS
Apr 20, 2023
Dismissal
Jefferson County
Jefferson County, KS
Apr 19, 2023
Dismissal
Cowley County
Cowley County, KS
Apr 18, 2023
Dismissal
Cowley County
Cowley County, KS
Apr 18, 2023
Active
Cowley County
Cowley County, KS
Apr 17, 2023
Dismissal
Butler County
Butler County, KS
Apr 17, 2023
Dismissal
Cowley County
Cowley County, KS
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