Legal Opinion
Strategic Development & Construction, Inc. v. 7th & Roosevelt Partners, LLC
Court of Appeals of Arizona
Decided March 18, 2010No. 1 CA-CV 09-0187PublishedCited by 30 opinions
1Opinion of the Court
OPINION
JOHNSEN, Judge.
¶ 1 In considering a motion to dismiss for failure to state a claim pursuant to Arizona Rule of Civil Procedure 12(b)(6) that presents “matters outside the pleading,” if the superior court does not “exclude” the extraneous matters, it must treat the motion as a Rule 56 motion for summary judgment and allow the plaintiff a “reasonable opportunity to present” all pertinent material in response. Ariz. R. Civ. P. 12(b). In this case, a motion to dismiss filed pursuant to Rule 12(b)(6) referred to a handful of documents, including some that were not attached to the complaint.…
2Cases cited28 opinions
- Pension Benefit Guaranty Corporation v. White Consolidated Industries, Inc., C/o Ct Corporation Systems Registered AgentCourt of Appeals for the Third Circuit · 1993
- Valerie Watterson v. Eileen PageCourt of Appeals for the First Circuit · 1993
- General Electric Capital Corporation v. Lease Resolution CorporationCourt of Appeals for the Seventh Circuit · 1997
- Bryant v. Avado Brands, Inc.Court of Appeals for the Eleventh Circuit · 1999
- Alternative Energy, Inc. v. St. Paul Fire & Marine InsuranceCourt of Appeals for the First Circuit · 2001
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3Cited by30 opinions
- Coleman v. City of MesaArizona Supreme Court · 2012
- Steinberger v. McVeyCourt of Appeals of Arizona · 2014
- Madison v. GrosethCourt of Appeals of Arizona · 2012
- Melinda S. Workman v. Verde Wellness Center, Inc.Court of Appeals of Arizona · 2016
- Canyon Del Rio Investors, L.L.C. v. City of FlagstaffCourt of Appeals of Arizona · 2011
25 more not listed; retrieve them via the Exa API.