legally sufficient claim (Washington) · Go Syfert
← Washington issues

legally sufficient claim in Washington

17 Washington opinions name it 2 courts 2015–2025 3 in the last five years

The cases below were cited by Washington courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
Navellier v. Slettengreen
cal · 2002 · cited in 2 Washington opinions naming this issue, 2015–2015
2 sentences

2015See, e.g., Navellier, 29 Cal. 4th at 93 ("[The anti-SLAPP statute] subjects to potential dismissal only those actions in which the plaintiff cannot 'state[] and substantiatef] a legally sufficient claim.'. . . [T]he statute poses no obstacle to suits that possess minimal merit.").

2015See, e.g., Navellier, 29 Cal. 4th at 93 (“[The anti-SLAPP statute] subjects to potential dismissal only those actions in which the plaintiff cannot ‘state[ ] and substantiate! ] a legally sufficient claim.’... [T]he statute poses no obstacle to suits that possess minimal merit.” (some alterations in original) (quoting Rosenthal v. Great W.

22
Worthington v. WestNETgreen
wash · 2015 · cited in 12 Washington opinions naming this issue, 2016–2025
2 sentences

2025Tulalip, 566 P.3d at 154. “‘A CR 12(b)(6) motion may be granted only where there is not only an absence of facts set out in the Complaint to support a claim of relief, but there is no hypothetical set of facts that could conceivably be raised by the Complaint to support a legally sufficient claim.’” Id. (quoting Worthington v. Westnet, 182 Wn.2d 500, 505 , 341 P.3d 995 (2015)).

2025Tulalip, 566 P.3d at 154. “‘A CR 12(b)(6) motion may be granted only where there is not only an absence of facts set out in the Complaint to support a claim of relief, but there is no hypothetical set of facts that could conceivably be raised by the Complaint to support a legally sufficient claim.’” Id. (quoting Worthington v. Westnet, 182 Wn.2d 500, 505 , 341 P.3d 995 (2015)).

112

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Washington. Read the followed side critically anyway.

Also cited on this issue (6)

CaseCitedYears
San Juan County v. No New Gas Tax green
wash · 2007
2 sentences

2019Such a dismissal is appropriate *586 where "there is not only an absence of facts set out in the complaint to support a claim of relief, but there is no hypothetical set of facts that could conceivably be raised by the complaint to support a legally sufficient claim." Worthington v. Westnet, 182 Wash.2d 500 , 505, 341 P.3d 995 (2015) (citing No New Gas Tax, 160 Wash.2d at 164 , 157 P.3d 831 ).

2019Such a dismissal is appropriate where "there is not only an absence of facts set out in the complaint to support a claim of relief, but there is no hypothetical set offacts that could conceivably be raised by the complaint to support a legally sufficient claim." Worthington v. WestNET, 182 Wn.2d 500, 505 , 341 P.3d 995 (2015)(citing No New Gas Tax, 160 Wn.2d at 164 ).

52015–2019
San Juan County v. No New Gas Tax green
wash · 2007
2 sentences

2019Such a dismissal is appropriate *586 where "there is not only an absence of facts set out in the complaint to support a claim of relief, but there is no hypothetical set of facts that could conceivably be raised by the complaint to support a legally sufficient claim." Worthington v. Westnet, 182 Wash.2d 500 , 505, 341 P.3d 995 (2015) (citing No New Gas Tax, 160 Wash.2d at 164 , 157 P.3d 831 ).

2019Given this high standard, CR 12(b)(6) motions should be granted " 'sparingly and with care' " where "plaintiff's allegations show on the face of the complaint an insuperable bar to relief." No New Gas Tax, 160 Wash.2d at 164 , 157 P.3d 831 (quoting Tenore v. AT &T Wireless Servs., 136 Wash.2d 322 , 330, 962 P.2d 104 (1998) ).

42015–2019
Tenore v. AT & T WIRELESS SERVICES green
wash · 1998
2 sentences

2019Given this high standard, CR 12(b)(6) motions should be granted " 'sparingly and with care' " where "plaintiff's allegations show on the face of the complaint an insuperable bar to relief." No New Gas Tax, 160 Wash.2d at 164 , 157 P.3d 831 (quoting Tenore v. AT &T Wireless Servs., 136 Wash.2d 322 , 330, 962 P.2d 104 (1998) ).

2019Given this high standard, CR 12(b)(6) motions should be granted '"sparingly and with care'" where "plaintiffs allegations show on the face ofthe complaint an insuperable bar to relief." No New Gas Tax, 160 Wn.2d at 164 (quoting Tenore v. AT&T Wireless Servs., 136 Wn.2d 322, 330 , 962 P.2d 104 (1998)).

22019–2019
Tenore v. AT&T Wireless Services green
wash · 1998
2 sentences

2019Given this high standard, CR 12(b)(6) motions should be granted " 'sparingly and with care' " where "plaintiff's allegations show on the face of the complaint an insuperable bar to relief." No New Gas Tax, 160 Wash.2d at 164 , 157 P.3d 831 (quoting Tenore v. AT &T Wireless Servs., 136 Wash.2d 322 , 330, 962 P.2d 104 (1998) ).

2019Given this high standard, CR 12(b)(6) motions should be granted '"sparingly and with care'" where "plaintiffs allegations show on the face ofthe complaint an insuperable bar to relief." No New Gas Tax, 160 Wn.2d at 164 (quoting Tenore v. AT&T Wireless Servs., 136 Wn.2d 322, 330 , 962 P.2d 104 (1998)).

22019–2019
Alexander v. Sanford green
washctapp · 2014
1 sentence

2018"The purpose of CR 12(b)(6) is to weed out complaints where, even if that which the plaintiff alleges is true, the law does not provide a remedy." Alexander v. Sanford, 181 Wn.

12018–2018
McClay v. Highway Commission green
kan · 1959
1 sentence

2017LEGAL PRINCIPLES Dismissals under CR 12(b)(6) are proper “only where there is not only an absence of facts set out in the complaint to support a claim of relief, but there is no hypothetical set of facts that could conceivably be raised by the complaint to support a legally sufficient claim.” Worthington v. Westnet, 182 Wn.2d 500, 505 , 341 P.2d 995 (2015).

12017–2017

Statutes the citing opinions construe

USC § 42u.s.c.1983 (3) WA § Wash. Rev. Code § 2.06.040 (3) WA § Wash. Rev. Code § 36.01.010 (3) WA § Wash. Rev. Code § 36.32.120 (3) WA § Wash. Rev. Code § 39.34.030 (3) WA § Wash. Rev. Code § 4.08.120 (3) WA § Wash. Rev. Code § 4.84.185 (3) WA § Wash. Rev. Code § 42.56.010 (3) WA § Wash. Rev. Code § 42.56.030 (3) WA § Wash. Rev. Code § 42.56.080 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CA 431 (1995–2026) MN 117 (1980–2025) FL 113 (1979–2026) CT 84 (1968–2024) IL 31 (1976–2026) PA 22 (1991–2024) WA 17 (2015–2025) GA 15 (1916–2025) NV 13 (1993–2020) OR 10 (1996–2026) NC 9 (1992–2023) TX 8 (1991–2015) NY 8 (1934–2025) KS 7 (1995–2020) MA 7 (1978–2019) IN 5 (1978–2017) AZ 4 (1958–2023) CO 4 (2022–2026) UT 4 (1997–2020) DC 4 (1983–2021) WI 3 (1991–2003) MI 3 (1975–2023) MD 3 (2002–2006) OH 2 (2007–2025) NJ 2 (1950–2019) ME 2 (1977–2008) MO 2 (1992–1995)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check