Motion to Dismiss For Failure to State a Claim in New Hampshire

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

Understanding the Purpose and Significance of a Motion to Dismiss for Failure to State a Claim

“Dismissal is appropriate [i]f the facts pled do not constitute a basis for legal relief." (See Hobin v. Coldwell Banker Residential Affiliates (2000) 144 N.H. 626, 628, 744 A.2d 1134; Beane v. Dana S. Beane Co. (2010) 7 A.3d 1284, 1288.)

“In reviewing a motion to dismiss for failure to state a claim upon which relief may be granted, we assume the truth of the facts alleged by the plaintiff and construe all reasonable inferences in the light most favorable to the plaintiff.” (See Lamb v. Shaker Reg'l Sch. Dist. (2015) 168 N.H. 47, 49; Farm Family Cas. Ins. Co. v. Town of Rollinsford (2007) 155 N.H. 669, 670, 927 A.2d 1234.)

“We need not, however, assume the truth of statements in the pleadings that are merely conclusions of law.” (See id; Ojo v. Lorenzo (2013) 164 N.H. 717, 721, 64 A.3d 974.)

“If the facts do not constitute a basis for legal relief, we will uphold the granting of a motion to dismiss.” (See Lamb v. Shaker Reg'l Sch. Dist. (2015) 168 N.H. 47, 49; Farm Family Cas. Ins. Co. v. Town of Rollinsford (2007) 155 N.H. 669, 670, 927 A.2d 1234.)

Procedural Steps Involved in Filing a Motion to Dismiss for Failure to State a Claim

Motions to dismiss are governed under Rule 1.8 of the New Hampshire Circuit Court Rules.

“Any request for action by the Court shall be by motion. All motions, other than those made during trial or hearing, shall be made in writing unless otherwise provided by these rules. They shall state with particularity the grounds upon which they are made and shall set forth the relief or order sought.” (See N.H. R. Cir. Ct. Dist. Div. 1.8(A).)

“Upon request of a party, hearings on motions to dismiss shall be scheduled as soon as practicable, but no later than 30 days prior to the date set for trial on the merits, unless the court shall otherwise order in the exercise of discretion. All parties shall be prepared, at any such hearing, to present all necessary arguments.” (See N.H. R. Cir. Ct. Dist. Div. 1.8(G).)

Standard of Review in Deciding a Motion to Dismiss for Failure to State a Claim

“The standard of review in considering a motion to dismiss is whether the plaintiff's allegations are reasonably susceptible of a construction that would permit recovery." (See Beane v. Dana S. Beane Co. (2010) 7 A.3d 1284, 1288.)

“This threshold inquiry involves testing the facts alleged in the pleadings against the applicable law.” (See id; Williams v. O'Brien (1995) 140 N.H. 595, 597-98, 669 A.2d 810.)

“Generally, in ruling upon a motion to dismiss, the trial court is required to determine whether the allegations contained in the [plaintiff's] pleadings are sufficient to state a basis upon which relief may be granted.” (See Alward v. Johnston (2018) 171 N.H. 574, 580; K.L.N. Construction Co. v. Town of Pelham (2014) 167 N.H. 180, 183, 107 A.3d 658.)

“To make this determination, the court would normally accept all facts pled by the [plaintiff] as true, construing them most favorably to the [plaintiff].” (See id.)

“When the motion to dismiss does not challenge the sufficiency of the [plaintiff's] legal claim but, instead, raises certain defenses, the trial court must look beyond the [plaintiff's] unsubstantiated allegations and determine, based on the facts, whether the [plaintiff] ha[s] sufficiently demonstrated [his or her] right to claim relief.” (See id.)

“We apply our traditional standard of review for motions to dismiss to the legal issues presented. Specifically, we review issues of law de novo.” (See Avery v. Comm'r (2020) N.H. Dep't of Corr., 173 N.H. 726, 730.)

Legal Precedents and Case Law on a Motion to Dismiss for Failure to State a Claim

It is well settled that “an order granting a motion to dismiss will be upheld if the facts as pled cannot constitute a basis for legal relief.” (See Higgins v. Cushman S. Colby, C.P.A., P.A (1996) 140 N.H. 765, 767.)

As such, it is also well settled that “in making this inquiry, we look at the facts alleged in the complaint and the applicable law and determine whether the allegations provide a basis for legal relief.” (See Mentis Scis., Inc. v. Pittsburgh Networks, LLC (2020) 173 N.H. 584, 588.)

Dockets for Motion to Dismiss For Failure to State a Claim in New Hampshire

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U.S. Bank National Association, not in its individual capacity but solely as Own v Heirs, Devisees, and Legal Representatives of Paulette Z. Coe a/k/a Paulette M., et al

Filed

May 07, 2024

Status

Active

Court

Rockingham County

County

Rockingham County, NH

Case #