.... [5] Dismissal and Nonsuit — Failure To State Claim — Factual Basis. Dismissal for failure to state an actionable claim under CR 12(b)(6) is not proper unless there is no state of facts consistent...develop adequately the legal theory underlying the claim does not render it subject to dismissal under CR 12(b)(6) for not stating a claim upon which relief can be granted. [7...' claims under CR 12(b)(1) and (6). The three petitioners were each issued traffic citations by the Seattle Police Department for exceeding the speed limit. Radar was used in each...

...Pleadings ¶ 6 Preliminarily, we must address what material may properly be attached to a motion for judgment on the pleadings under Civil Rule (CR) 12(c). [1] [2..., 229 P.3d 729 (2010). Likewise, we review a dismissal under CR 12(c) de novo. Parrilla v. King County, 138...Wash.App. 427, 431, 157 P.3d 879 (2007). [3] [4] ¶ 8 We treat a CR 12(c) motion for judgment on the pleadings identically to a CR...

.... Supreme Court: Holding that sufficient facts were alleged to prevent entry of a judgment of dismissal under CR 12(b)(6) and finding that the appeal was timely, the court reverses the...dismissal under CR 12(b)(6) for failure to state a claim may be granted only when, after accepting the plaintiff's factual allegations as true, the court can say beyond doubt that no set of facts consistent...denominated "summary judgment", respondent's supporting memorandum makes it abundantly clear that respondent actually sought "to test the plaintiff's allegations within the meaning of CR 12(b)(6...

...To State Claim — Review — In General. A claim should not be dismissed under CR 12(b)(6) because relief cannot be granted on such a claim unless there is no possible set of facts that would entitle...bondholders' complaint under CR 12(b)(6) because of its failure to state claims upon which relief could be granted. We affirm the dismissal of the unjust enrichment claim, but we reverse the trial...remanded Haberman for further proceedings in the trial court after holding that some of the plaintiff's claims had been erroneously dismissed under CR 12(b)(6...

...2.06.150. At issue in this appeal is the trial court's dismissal of plaintiff's case, one month before trial, under CR 12(b)(2) and 12(b)(3). The dismissal was based upon a contractual...CR 12(b)(2) and (3) for lack of personal jurisdiction and improper venue solely on the basis of the forum selection clause. In connection with the motion, neither party submitted evidence about...clause should not be enforced." We hold that (1) a CR 12(b)(3) motion to dismiss for lack of venue may be brought to enforce a forum selection clause; (2) the defendant did not...

...judgment was not a CR 12 motion and did not operate to waive the defense, that the defense was not otherwise waived by the defendants' slowness in filing their answer or in proceeding with discovery...— Validity — Waiver — Motion To Dismiss — Necessity. The CR 12(b) defense of insufficient service of process can be raised in an answer or by motion. If raised in a motion, the trial court may, in...memorandum in opposition requesting dismissal of a claim given in response to the plaintiff's motion for summary judgment does not constitute a "motion" for purposes of CR 12(g) and (h) and does not thereby...

... Tex. App. COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS NO. 12-13-00226-CR.... See Ramos v. State, Nos. 12-07-00435-CR, 12-07-00436-CR, 12-07-00437-CR, 12-07-00438-CR, ...-CR, 12-07-00442-CR, 12-07-00443-CR, 12-07-00444-CR, 12-07-00445-CR, 12-07-00446-CR, 12-07-00447-CR, 12-07-00448-CR...

.... [1] Dismissal and Nonsuit — Failure To State Claim — Test. A dismissal under CR 12(b)(6) for failure to state a cause of action for which reli...Nonsuit — Failure To State Claim — Factual Basis — Hypothetical Facts. A dismissal under CR 12(b)(6) for failure to state a cause of action for which relief can be granted is not appropriate if...in violation of the public policy enunciated in that statute. The trial court granted Dolsen's CR 12(b)(6) motion to dismiss both the statutory and tort claims on the ground that...

...defense of insufficient service of process. Ms. Butler contends Dr. Joy waived all defenses that were not presented in her first motion for summary judgment, citing CR 12(h). Dr. Joy notes that CR 12(b...the defense was not waived for the purposes of CR 12. Both parties assume that the waiver provisions of CR 12(g) and CR 12(h) control here. They do not. CR ...every defense must be asserted in the responsive pleading, except that certain defenses may also be asserted by motion at the option of the pleader. Both "insufficiency of service of process" (CR 12(b...

... E.D. Wash. UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON NO. CR-12-6018-EFS...AND CLOSING FILE In Cause No. CR-12-6017-EFS, the U.S. Attorneys' Office (USAO) and Defendant Cristian Chavez-Martinez entered into a plea agreement in which in paragraph 7...the USAO agreed to dismiss the Indictment in this criminal case. ECF No. 27. The Court construed paragraph 7 of the plea agreement in Cause No. CR-12-6017-EFS as a Motion to Dismiss the...

... E.D. Wash. UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON NO. CR-12-8-EFS 10...CLOSING FILE In Cause No. CR-12-33-EFS, the U.S. Attorneys' Office's (USAO) and Defendant Jose Luis Silva Favela entered into a plea agreement in which in paragraph 8 the...USAO agreed to dismiss the Indictment in this criminal case. ECF No. 35. The Court construed paragraph 8 of the plea agreement in Cause No. CR-12-33-EFS as a Motion to Dismiss the Indictment in...

...under CR 12(b) before the motion for default was heard. Once the defendant serves his motion, the time limit for his answer is extended until 10 days after notice of the court's action on the motion...(CR 12(a)(4)(A)). GREEN, J. One issue is presented: Did the court err in granting a motion for...default when the party against whom the motion was made did not file an answer within the time required by CR 12(a) but moved to dismiss the complaint before the motion for default was heard? We hold...

... BOBBY DARRELL DYKES, APPELLANT v. THE STATE OF TEXAS, APPELLEE. Nos. 12-08-00412-CR, 12-08-00413-CR, 12-08-00414-CR, 12-08-00415-...-00416-CR, 12-08-00417-CR, 12-08-00418-CR Court of Appeals of Texas, Twelfth District, Tyler. Opinion delivered October 31, 2008. DO NOT PUBLISH...

...-0895 MMM, CR 12-00126 MMM United States District Court, Central District of California January 29, 2015...United States v. Omar Angeles San Juan, No. CR 12-00126 MMM. On January 29, 2015, the court denied the motion. Consequently... OMAR ANGELES SAN JUAN, Petitioner, v. UNITED STATES OF AMERICA, Respondent. Nos. CV 12...

...6. Cook moved to dismiss the Kinneys' claim under CR 12(b)(6), arguing they failed to state a claim upon which relief may be granted. Cook argued the note evidenced a commercial loan and was not a...court's ruling to dismiss a claim under CR 12(b)(6) is reviewed de novo. Tenore v. ATT Wireless Servs., 136 Wn.2d 322, 329-30...multimillion dollar debt. We presume, for purposes of this CR 12(b)(6) motion, that this nondisclosure occurred...

...[HEMPSTEAD COUNTY CIRCUIT COURT, CR 12-129, CR 12-130, CR 12-131, CR 11-182, CR 11-18...). He indicated in the heading to the petition that it encompassed six cases, CR 12-129, CR 12-130, CR 12-131, CR 11-182, CR 11-183, and CR 11-184. He further indicated ...petition apparently raised challenges to the judgments in six cases, but the record-on-appeal contains only one judgment, CR 11-182. Without...

... PATRICK RANDALL POSTON, APPELLANT v. THE STATE OF TEXAS, APPELLEE MEMORANDUM OPINION PER CURIAM. Nos. 12-02-00368-CR, 12-02-00369-CR, 12-02...-00370-CR, 12-02-00371-CR, 12-02-00372-CR Court of Appeals of Texas, Twelfth District, Tyler. Opinion delivered January 15, 2003. DO NOT PUBLISH...

.... CONSTITUTIONAL LAW — Province of the Judiciary. — Rule CR. 12 is a court made rule calculated to implement the Constitution and, therefore, does not fall in the category of a statute which would invade...respondent court a motion for change of judge pursuant to IND. RULES OF PROC. Rule CR. 12, which motion was denied by the respondent court. The respondents raise three arguments as...to why the temporary writ should not be made permanent: 1) that Rule CR. 12 unconstitutionally delays trials; 2) that Rule CR. 12 unconstitutionally disenfranchises the voters of Shelby County; 3...

...pursuant to a CR 12(b)(6) motion. The Court of Appeals affirmed on other grounds, holding that "transfer" does include intra-DOC movement but that...injunction, and pre- and postjudgment interest. Judge Daniel J. Berschauer granted the defendants' CR 12(b)(6) motion to dismiss before any discovery was conducted, concluding that RCW 72.02.045 did not...pursuant to CR 12(b)(6)? III. STANDARD OF REVIEW ¶7 Whether a dismissal was appropriate under CR 12(b)(6) is a question of...

... E.D. Wash. UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON No. CR-12-2069-EFS...' Plea Agreement in Cause No. CR-12-2063-EFS-02 as a motion to dismiss the Indictment in the above-captioned case. ECF No. 38. A hearing occurred in the above-captioned matter on March 20, 2013. Defendant...: 1. The USAO's construed motion to dismiss the Indictment in Cause No. CR-12-2069-EFS is GRANTED. 2. The Indictment in Cause No. CR-12-2069-EFS, ECF...