Motion to Dismiss For Failure to State a Claim in Pennsylvania

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

Background

“The Rules of Civil Procedure allow a litigant to respond to a complaint by filing preliminary objections as an alternative to an answer.” (See Pa. R.C.P. No. 1028; Kerns v. Tharp, No. 669 C.D. 2016, at *7 [Pa. Cmmw. Ct. Mar. 8, 2017].)

However, courts have held that “ [p]reliminary objections in the nature of a demurrer should only be sustained if the law says with certainty that no recovery is possible.” (Firearm Owners Against Crime v. City of Harrisburg (2019) 218 A.3d 497, 505 citing Foster v. Peat Marwick Main & Co. (1991) 138 Pa.Cmwlth. 147.)

General Information for Complaints and Motions

[A] complaint must not only apprise the defendant of the claims being asserted, but it must also summarize the essential facts to support that claim. (Landau v. Western Pa. Nat'l Bank (1971) 282 A.2d 335, 339.)

Preliminary objections [to support a motion to dismiss for failure to state a claim] may be raised on the following grounds:

Lack of jurisdiction over the subject matter of the action or the person of the defendant, improper venue or improper form of service of a writ of summons or a complaint;
Failure of a pleading to conform to law or rule of court or inclusion of scandalous or impertinent matter;
Insufficient specificity in a pleading;
Legal insufficiency of a pleading (demurrer)
Lack of capacity to sue, non-joinder of a necessary party or misjoinder of a cause of action

(Pa. R.C.P. No. 1028(a); Corliss v. Lee A. Ciccarelli, PC, 891 EDA 2021, at *2-3 [Pa. Super. Ct. Jan. 4, 2022].)

Documents in Support of Complaint

“[I]t is well-settled that a court may rely on documents forming in part the foundation of the suit even where a plaintiff does not attach such documents to its complaint.” (Feldman v. Hoffman (2014) 107 A.3d 821, 836 citing Conrad v. Pittsburgh (1966) 421 Pa. 492; Detweiler v. School Dist. Of Hatfield (1954) 376 Pa. 555; see also St. Peter's Roman Catholic Parish v. Urban Redevelopment Authority of Pittsburgh (1958) 394 Pa. 194 [where complaint refers to various documents in order to establish plaintiff's claim but the complaint contains only one of them as an exhibit, exhibits attached to a preliminary objection may be referred to].)

“Documents, the contents of which are alleged in Complaint and which no party questions, but which are not physically attached to the pleading, may be considered on motion to dismiss for failure to state a claim.” (Feldman, supra, 107 A.3d at 836 citing Pension Benefit Guar. Corp. v. White Consol. Indus., Inc. (1993) 998 F.2d 1192, 1196 [3d Cir.].)

Standard of Review and Burdens of Proof

“In determining whether the trial court properly sustained preliminary objections, the appellate court must examine the averments in the complaint, together with the documents and exhibits attached thereto, in order to evaluate the sufficiency of the facts averred.” (Corliss v. Lee A. Ciccarelli, PC, 891 EDA 2021, at *4 [Pa. Super. Ct. Jan. 4, 2022] citing Clemleddy Constr., Inc. v. Yorston (2002) 810 A.2d 693.)

“When sustaining the trial court's ruling will result in the denial of claim or a dismissal of suit, preliminary objections will be sustained only where the case is free and clear of doubt, and [the] Court will reverse the trial court's decision regarding preliminary objections only where there has been an error of law or abuse of discretion.” (Corliss, id., citing Clemleddy Constr., Inc., supra, id.; see also David R. Nicholson, Builder, LLC v. Jablonski (2017) 163 A.3d 1048, 1051.)

The Court’s Decision

“For the purpose of evaluating the legal sufficiency of the challenged pleading, the court must accept as true all well-pleaded, material, and relevant facts alleged in the complaint and every inference that is fairly deducible from those facts.” (Mazur v. Trinity Area School Dist (2008) 599 Pa. 232, 241 [internal citations omitted]; Willet v. Pennsylvania Medical Catastrophe Loss Fund (1997) 549 Pa. 613, 702 A.2d 850, 853.)

“Since sustaining the demurrer results in a denial of the pleader's claim or dismissal of his suit, a preliminary objection in the nature of a demurrer should be sustained only in cases that clearly and without a doubt fail to state a claim for which relief may be granted.” (Allegheny Sportsmen's League v. Rendell (2004) 580 Pa. 149, 154-55 citing Willet v. Pennsylvania Medical Catastrophe Loss Fund (1997) 549 Pa. 613, 702 A.2d 850, 853.)

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

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JANET DOE vs. OSS HEALTH PHYSICIANS Civil: Miscellaneous - Other document preview

RESPONSE TO OPPOSTITION TO DEFT PRELIMINARY OBJECTION... - RESPONSE

156 pages

York County Prothonotary Civil E-Filed - 30 Oct 2023 10:36:53 AM SALTZ MONGELUZZI & BENDESKY P.C. BY: DAVID KWASS ONE LIBERTY PLACE, 52ND FLOOR 1650 MARKET STREET PHILADELPHIA, PA 19103 (215) 496-8282 COHEN & MALAD, LLP BY: LYNN TOOPS & MARY KATE DUGAN PRO HAC VICE PENDING ONE INDIANA SQUARE, SUITE 1400 INDIANAPOLIS, IN 46204 (317) 636-6481 TURKE & STRAUSS LLP BY: RAINA C. BORRELLI & SAMUEL J. STRAUSS PRO HAC VICE PENDING 613 WILLIAMSON STREE