Motion to Dismiss For Failure to State a Claim in Rhode Island

Background

“The sole function of a motion to dismiss is to test the sufficiency of the complaint.” (See Palazzo v. Alves (2008) 944 A.2d 144, 149.) “This Court examines the allegations in a plaintiff's complaint, assumes them to be true, and views them in a light most favorable to the plaintiff.” (See Smith v. Davol Inc., C.A. No. PC-08-8307, at *1 (R.I. Super. Nov. 28, 2016).)

“This Court is mindful of the policy to interpret the pleading rules liberally so that cases are not disposed of summarily on arcane or technical grounds.” (See id.)

General Information for Complaints and Motions

“A defendant's 12 (b)(6) motion is granted when it is clear beyond a reasonable doubt that plaintiff would not be entitled to relief under any set of facts provable under the complaint.” (See Builders Specialty Company v. Goulet (1994) 639 A.2d 59, 60.)

“Rule 12(b) states that any motion made thereunder must be made before a party submits his or her pleadings on a case. A strict interpretation of the timing language [of Rule 12(b)] leads to the conclusion that the court must deny any motion made after a responsive pleading as being too late. However, courts have allowed untimely motions if the defense has been previously included in the answer.” (See Collins v. Fairways Condominiums Ass'n (1991) 592 A.2d 147, 148.)

“In order to justify a dismissal of a complaint under a 12(b)(6) motion, the trial justice must be satisfied beyond a reasonable doubt that the plaintiff would not be entitled to any relief no matter what state of facts could be found in support of his claim. In making such a determination, he, and we on appeal, are bound to resolve all doubts in the plaintiff's favor and accept all his allegations as true.” (See Goldstein v. Rhode Island Hospital Trust Natl. Bank (1972) 110 R.I. 580, 296 A.2d 112; Noble Co. v. Mack Financial Corp. (1970) 107 R.I. 12, 264 A.2d 325; Temple Sinai v. Richmond (1973) 112 R.I. 234, 239.)

Standard of Review and Burdens of Proof

“The standard for granting a motion to dismiss is a difficult one for the movant to meet.” (See Rhode Island Council 94 v. Chafee, C.A. No. PC 12-3168, at *1 (R.I. Super. Apr. 25, 2014).)

“When this Court reviews a grant of a motion for summary judgment, we conduct a de novo review.” (See Franklin Grove v. Drexel (2007) 936 A.2d 1272, 1275.)

“When ruling on a Rule 12(b)(6) motion, a court's review is confined to the four corners of the pleadings.” (See Palazzo v. Alves (2008) 944 A.2d 144, 149.) “A court must assume that the allegations contained in the complaint are true, and examine the facts in the light most favorable to the nonmoving party.” (See Rhode Island Council 94 v. Chafee, C.A. No. PC 12-3168, at *1 (R.I. Super. Apr. 25, 2014).)

“The party opposing the motion for summary judgment `carries the burden of proving by competent evidence the existence of a disputed material issue of fact and cannot rest on allegations or denials in the pleadings or on conclusions or legal opinions.” (See Franklin Grove v. Drexel (2007) 936 A.2d 1272, 1275.)

“The decision to grant or deny declaratory relief is addressed to the sound discretion of the trial justice and will not be disturbed on appeal unless the record demonstrates a clear abuse of discretion or the trial justice committed an error of law.” (See Town of E. Greenwich v. E. Greenwich Fire Fighters Ass'n Local 3328, I.A.F.F., C.A. No. KC-2017-1276, at *1 (R.I. Super. Aug. 23, 2018).)

Meet and Confer

“The defendants shall provide to the plaintiffs, and the plaintiffs shall provide to the defendants, any additional factual and legal arguments to support their respective positions. Both parties must meet and confer to attempt to resolve any remaining issues as to the disputed documents before asking this Court for further hearing.” (See Waltz v. Exxon Mobil Corp., C.A. No. PC 02-2436, at *1 (R.I. Super. Jan. 11, 2007).)

The Court’s Decisions

It is well settled that pursuant to Rules of Civil Procedure, rules 12(b)(6), 56 “Where in connection with a motion to dismiss the complaint for failure to state a claim matters outside the complaint are to be considered, the motion is required to be treated as one for summary judgment.” (See Little v. Barnett Carter Co., Inc. (1978) 119 R.I. 686.)

It is also well settled that pursuant to Super. R. Civ. P. 12(b)(6) “In order to justify dismissal of a complaint under pertinent Superior Court rule, the trial judge must be satisfied beyond a reasonable doubt that plaintiff would not be entitled to relief no matter what state of facts could be found in support of his claim, resolving all doubts in plaintiff's favor and accepting all allegations as true.” (See Temple Sinai v. Richmond (1973) 112 R.I. 234, 235.)