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“The question under CR 12(b)(6) is basically a legal one, and the facts are considered only as a conceptual background for the legal determination.” Id. ( citing Brown v. HOW JUDGES GENERALLY ADDRESS THE MOTION TO DISMISS UNDER CR 12(B)(6) “The court need not find that any support for the alleged facts exists or would be admissible in trial as would be its duty on a motion for summary judgment.” Id. Crown Zellerbach Corp., 88 Wn.2d 735, 742 (Wash. “A motion to dismiss questions only the legal sufficiency of the allegations in a pleading.” Contreras v.
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MOTION TO DISMISS VERSUS MOTION FOR SUMMARY JUDGMENT There are significant differences between the two types of motions. Employment discrimination defendants (usually employers) typically file motions to dismiss under CR 12(b)(6) early in the case and file motions for summary judgment near the end of the case. Thus, pleaders may assert the defense of “failure to state a claim upon which relief can be granted” by, inter alia, motion (hereinafter, “motion(s) to dismiss under CR 12(b)(6)” or “motion to dismiss”). (6) failure to state a claim upon which relief can be grantedĬR 12(b)(6) (first emphasis in original). Every defense, in law or fact, to a claim for relief in any pleading, whether a claim, counterclaim, cross claim, or third party claim, shall be asserted in the responsive pleading thereto if one is required, except that the following defenses may at the option of the pleader be made by motion: Pursuant to the Washington State Superior Court Civil Rules (hereinafter, “CR”), a motion to dismiss under CR 12(b)(6) may be presented as follows: WASHINGTON STATE SUPERIOR COURT CIVIL RULES (CR) Please review our Disclaimer|Terms of Use|Privacy Policy before proceeding.) No content on this site, regardless of date, should ever be used as a substitute for direct legal advice from your attorney. Due to the rapidly changing nature of the law, we make no warranty or guarantee concerning the accuracy or reliability of the content in this article. (IMPORTANT: This article is for informational purposes only and is based upon my point of view. Under Washington State court rules, how do judges generally address a motion to dismiss under CR 12(b)(6)? Here’s my point of view.