In other words, in the case that commentator Karl Tegland refers to as “the leading modern case” on this point, “ny hypothetical situation conceivably raised by the complaint defeats a CR 12(b)(6) motion if it is legally sufficient to support plaintiff’s claim.” Bravo v. 292, (2011-2012) (allows a party to dismiss a claim only “when it is clear that the plaintiff will never prevail regardless of the facts proven at trial.”).

Ende, Washington Handbook on Civil Procedure, Vol. Washington courts have said “it must appear beyond doubt that the plaintiff can prove no set of facts consistent with the complaint which would entitle them to relief.” See, e.g., Id. Some attorneys feel that it is an obligatory part of litigation, which it was never intended to be.Dismissal under CR 12(b) is a drastic remedy granted only sparingly and with care, for the effect of granting the motion is to deny the plaintiff his or her day in court. Such motions deny a plaintiff their day in court.

However, even if it had merit, such a motion should necessarily be an uphill battle to grant. In reviewing the basis, we came to see that it was largely without merit. One of our clients’ was served with a motion to dismiss the other day.

Motion to dismiss civil case