“A motion to dismiss for failure to state a claim pursuant to SDCL 15–6–12(b)(5) tests the legal sufficiency of the pleading.” (Wells Fargo Bank, N.A. v. Fonder, 868 N.W.2d 409, 412 [S.D. 2015] citing Sisney v. Best Inc., 2008 S.D. 70, ¶ 8, 754 N.W.2d 804, 809.) “We ‘accept the [pleading's] material allegations as true and construe them in a light most favorable to the pleader to determine whether the allegations allow relief.’” (Id.)
“The scope of the information a court may consider when it determines a motion to dismiss for failure to state a claim under SDCL 15-6-12(b)(5) is, by the express provisions of the rule, narrow. ‘A court may not consider documents 'outside' the pleadings when ruling on a motion to dismiss for failure to state a claim.’” (Healy Ranch P'ship v. Mines, 2022 S.D. 44, 14-15 [S.D. 2022] quoting Nooney v. StubHub, Inc, 2015 S.D. 102, ¶ 7, 873 N.W.2d 497, 499 [citing SDCL 15-6-12(b)5].)
“In determining the sufficiency of a complaint upon motion to dismiss for failure to state a claim the allegations of the complaint should be viewed in the light most favorable to the plaintiff admitting and accepting as true all facts well pleaded.” (Thurston v. Cedric Sanders Co., 80 S.D. 426, 428 [S.D. 1963].)
“The South Dakota Rules of Civil Procedure state that if, on a motion to dismiss for failure to state a claim upon which relief can be granted, matters outside the pleading are presented to and not excluded by the court, the motion shall be treated as one for summary judgment and disposed of as provided in SDCL 15-6-56.” (Matter of Parental Rights of P.A.M, 505 N.W.2d 395, 396 n.1 [S.D. 1993].)
[I]n reviewing the denial of a motion to dismiss for failure to state a claim in Estate of Billings v. Deadwood Congregation of Jehovah Witnesses,506 N.W.2d 138, 140 (S.D.1993), we cited Jensen Ranch for the proposition that ‘[o]ur standard of review of a trial court's grant or denial of a motion to dismiss is the same as our review of a motion for summary judgment—is the pleader entitled to judgment as a matter of law?’” (Upell v. Dewey Cnty. Comm'n, 880 N.W.2d 69, 71 [S.D. 2016][internal citations omitted].)
“[I]t is proper for a court to consider documents incorporated by reference in a motion to dismiss for failure to state a claim” (Nooney v. Stubhub, Inc., 873 N.W.2d 497, 499 [S.D. 2015] citing Tellabs, Inc. v. Makor Issues & Rights, Ltd., 551 U.S. 308, 322, 127 S.Ct. 2499, 2509, 168 L.Ed.2d 179 [2007].)
Apr 19, 2024
Dismissal
Edmunds County
Edmunds County, SD
Apr 15, 2024
Active
Lawrence County
Lawrence County, SD
Apr 11, 2024
Dismissal
Hughes County
Hughes County, SD
Apr 11, 2024
Active
Fall River County
Fall River County, SD
Apr 10, 2024
Active
Hughes County
Hughes County, SD
Apr 05, 2024
Dismissal
Lawrence County
Lawrence County, SD
Mar 26, 2024
Dismissal
Minnehaha County
Minnehaha County, SD
Mar 25, 2024
Active
Moody County
Moody County, SD
Mar 25, 2024
Dismissal
Minnehaha County
Minnehaha County, SD
Mar 24, 2024
Dismissal
Minnehaha County
Minnehaha County, SD
Mar 24, 2024
Dismissal
Minnehaha County
Minnehaha County, SD
Mar 21, 2024
Dismissal
Minnehaha County
Minnehaha County, SD
Mar 21, 2024
Dismissal
Minnehaha County
Minnehaha County, SD
Mar 20, 2024
Dismissal
Minnehaha County
Minnehaha County, SD
Mar 20, 2024
Dismissal
Minnehaha County
Minnehaha County, SD
Mar 19, 2024
Dismissal
Minnehaha County
Minnehaha County, SD
Mar 13, 2024
Active
Turner County
Turner County, SD
Mar 06, 2024
Terminated
Minnehaha County
Minnehaha County, SD
Mar 04, 2024
Active
Minnehaha County
Minnehaha County, SD
Feb 29, 2024
Dismissal
Tripp County
Tripp County, SD
Feb 07, 2024
Active
Minnehaha County
Minnehaha County, SD
Jan 12, 2024
Dismissal
Stanley County
Stanley County, SD
Jan 09, 2024
Dismissal
Harding County
Harding County, SD
Jan 03, 2024
Terminated
Pennington County
Pennington County, SD
Jan 02, 2024
Terminated
Pennington County
Pennington County, SD
Jan 02, 2024
Terminated
Pennington County
Pennington County, SD
Nov 27, 2023
Active
Codington County
Codington County, SD
Nov 09, 2023
Dismissal
Brown County
Brown County, SD
Nov 02, 2023
Active
Codington County
Codington County, SD
Oct 26, 2023
Terminated
Brown County
Brown County, SD
Oct 23, 2023
Active
Marshall County
Marshall County, SD
Oct 12, 2023
Dismissal
Lincoln County
Lincoln County, SD
Oct 12, 2023
Dismissal
Day County
Day County, SD
Oct 06, 2023
Active
Lawrence County
Lawrence County, SD
Oct 06, 2023
Dismissal
Lincoln County
Lincoln County, SD
Oct 04, 2023
Dismissal
Lincoln County
Lincoln County, SD
Sep 28, 2023
Dismissal
Lincoln County
Lincoln County, SD
Sep 28, 2023
Terminated
Todd County
Todd County, SD
Sep 28, 2023
Active
Dewey County
Dewey County, SD
Sep 27, 2023
Dismissal
Lincoln County
Lincoln County, SD
Sep 22, 2023
Terminated
Codington County
Codington County, SD
Sep 21, 2023
Dismissal
Lawrence County
Lawrence County, SD
Sep 20, 2023
Active
Brown County
Brown County, SD
Sep 18, 2023
Terminated
Lawrence County
Lawrence County, SD
Sep 10, 2023
Terminated
Deuel County
Deuel County, SD
Sep 01, 2023
Active
Lawrence County
Lawrence County, SD
Aug 31, 2023
Terminated
Lawrence County
Lawrence County, SD
Aug 23, 2023
Dismissal
Charles Mix County
Charles Mix County, SD
Aug 18, 2023
Dismissal
Day County
Day County, SD
Aug 08, 2023
Dismissal
Brookings County
Brookings County, SD
Aug 07, 2023
Active
Clark County
Clark County, SD
Aug 03, 2023
Dismissal
Charles Mix County
Charles Mix County, SD
Aug 03, 2023
Active
Dewey County
Dewey County, SD
Aug 03, 2023
Dismissal
Brookings County
Brookings County, SD
Aug 01, 2023
Dismissal
Lincoln County
Lincoln County, SD
Jul 30, 2023
Dismissal
Corson County
Corson County, SD
Jul 27, 2023
Dismissal
Potter County
Potter County, SD
Jul 20, 2023
Active
Day County
Day County, SD
Jul 20, 2023
Dismissal
Clark County
Clark County, SD
Jul 14, 2023
Dismissal
Kingsbury County
Kingsbury County, SD
Jul 13, 2023
Dismissal
Brookings County
Brookings County, SD
Jul 11, 2023
Dismissal
Potter County
Potter County, SD
Jul 10, 2023
Active
Clark County
Clark County, SD
Jul 06, 2023
Dismissal
Brookings County
Brookings County, SD
Jul 06, 2023
Terminated
Clay County
Clay County, SD
Jul 03, 2023
Dismissal
Edmunds County
Edmunds County, SD
Jun 28, 2023
Dismissal
Day County
Day County, SD
Jun 27, 2023
Dismissal
Clay County
Clay County, SD
Jun 07, 2023
Dismissal
Brookings County
Brookings County, SD
Jun 05, 2023
Active
Edmunds County
Edmunds County, SD
Jun 02, 2023
Dismissal
Clark County
Clark County, SD
Jun 02, 2023
Dismissal
Edmunds County
Edmunds County, SD
Jun 01, 2023
Active
Dewey County
Dewey County, SD
May 25, 2023
Dismissal
Tripp County
Tripp County, SD
May 25, 2023
Active
Dewey County
Dewey County, SD
May 25, 2023
Active
Dewey County
Dewey County, SD
May 22, 2023
Active
Deuel County
Deuel County, SD
May 18, 2023
Dismissal
Tripp County
Tripp County, SD
May 17, 2023
Dismissal
Edmunds County
Edmunds County, SD
May 12, 2023
Dismissal
Clay County
Clay County, SD
May 11, 2023
Dismissal
Edmunds County
Edmunds County, SD
May 10, 2023
Dismissal
Brookings County
Brookings County, SD
May 09, 2023
Dismissal
Todd County
Todd County, SD
May 08, 2023
Dismissal
Davison County
Davison County, SD
May 08, 2023
Dismissal
Lyman County
Lyman County, SD
May 05, 2023
Dismissal
Clay County
Clay County, SD
May 03, 2023
Dismissal
Clay County
Clay County, SD
May 01, 2023
Dismissal
Davison County
Davison County, SD
Apr 28, 2023
Active
Bon Homme County
Bon Homme County, SD
Apr 24, 2023
Dismissal
Hand County
Hand County, SD
Apr 24, 2023
Terminated
Kingsbury County
Kingsbury County, SD
Apr 24, 2023
Terminated
Beadle County
Beadle County, SD
Apr 24, 2023
Terminated
Beadle County
Beadle County, SD
Apr 20, 2023
Dismissal
Brookings County
Brookings County, SD
Apr 20, 2023
Dismissal
Deuel County
Deuel County, SD
Apr 20, 2023
Dismissal
Tripp County
Tripp County, SD
Apr 19, 2023
Dismissal
Brookings County
Brookings County, SD
Apr 19, 2023
Dismissal
Turner County
Turner County, SD
Apr 14, 2023
Dismissal
Custer County
Custer County, SD
Apr 12, 2023
Dismissal
Beadle County
Beadle County, SD
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