Motion to Dismiss For Failure to State a Claim in Missouri

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

Background

“A motion to dismiss for failure to state a claim on which relief can be granted is an attack on the plaintiff's pleadings.” (See Bottorff-Arey v. Truman State Univ. (2021) 633 S.W.3d 508, 513.)

“It is only a test of the sufficiency of the plaintiff's petition.” (See Bottorff-Arey v. Truman State Univ. (2021) 633 S.W.3d 508, 513.)

“We accept the allegations in the petition as true and grant the plaintiffs all reasonable inferences therefrom.” (See id.)

General Information for Complaints and Motions

“We do not weigh the factual allegations to determine their credibility or persuasiveness.” (See id.)

“The petition is reviewed in an almost academic manner, to determine if the facts alleged meet the elements of a recognized cause of action or of a cause that might be adopted in that case." (See id.)

Standard of Review and Burdens of Proof

“We will not sustain a motion to dismiss for failure to state a claim unless it appears that the pleader can prove no set of facts in support of his claim which would entitle him to relief.” (See Landmark Bank v. General Grocer (1984) 680 S.W.2d 949, 953.)

“Appellate courts review a trial court's grant of a motion to dismiss ... de novo.” (See G.B. v. Crossroads Acad. - Cent. St. (2020) 618 S.W.3d 581, 587.)

"Such a motion is only a test of the sufficiency of the plaintiff's petition. When considering whether a petition fails to state a claim upon which relief can be granted, this Court must accept all properly pleaded facts as true, giving the pleadings their broadest intendment, and construe all allegations favorably to the pleader." (See Bromwell v. Nixon (2012) 361 S.W.3d 393, 398.)

"The Court does not weigh the factual allegations to determine whether they are credible or persuasive. Instead, this Court reviews the petition to determine if the facts alleged meet the elements of a recognized cause of action...” (See G.B. v. Crossroads Acad. - Cent. St. (2020) 618 S.W.3d 581, 588.)

The Court’s Decisions

It is well settled that “a court may not grant a motion to dismiss for failure to state a claim based on a conclusion that the plaintiff is not entitled to relief on the merits of that claim.” (See Chochorowski v. Home Depot U.S.A (2009) 295 S.W.3d 194, 198.)

It is well settled that “a trial court can properly grant a motion for judgment on the pleadings only if the facts pleaded by the petitioners, together with the benefit of all reasonable inferences drawn therefrom, show that the petitioners could not prevail under any legal theory.” (See Joseph v. Marriott International, Inc. (1998) 967 S.W.2d 624, 627.)

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

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CRIFS/Unredacted Document

17 pages

Electronically Filed - LACLEDE - April 19, 2024 - 08:50 AM 1234630055, TST 24LA-AC00289 In the Circuit Court of Laclede County, Missouri Associate Circuit Division Forsythe Finance, LLC, Case No. P…