Motion to Dismiss For Failure to State a Claim in Virginia

Understanding the Purpose and Significance of a Motion to Dismiss for Failure to State a Claim

“We begin by noting that [a] motion to dismiss is akin to a demurrer for failure to state a claim upon which relief can be granted.” (See Davis v. Commonwealth, No. 0972-22-4, at *3 (Va. Ct. App. Jan. 10, 2023).)

"In any suit in equity or action at law, the contention that a pleading does not state a cause of action or that such pleading fails to state facts upon which the relief demanded can be granted may be made by demurrer." (See id; Code § 8.01-273.)

"A demurrer tests the legal sufficiency of the facts properly alleged in the challenged pleading and the inferences fairly drawn from those facts, all of which are accepted as true.” (See id.)

“A demurrer does not admit, however, the correctness of the pleader's legal conclusions." (See Davis v. Commonwealth, No. 0972-22-4, at *3 (Va. Ct. App. Jan. 10, 2023); Jared & Donna Murayama 1997 Tr. v. NISC Holdings, LLC (2012) 284 Va. 234, 245.)

“The purpose of a demurrer is to determine whether a complaint states a cause of action upon which the requested relief may be granted.” (See Brown v. Jacobs (2015) 768 S.E.2d 421, 424; Assurance Data, Inc. v. Malyevac (2013) 286 Va. 137, 143, 747 S.E.2d 804, 807; Thompson v. Skate Am., Inc. (2001) 261 Va. 121, 128, 540 S.E.2d 123, 126.)

“Where the allegations in the pleading, accepted as true, fail to state a cause of action upon which relief can be granted, the pleading should be dismissed on demurrer.” (See Trimble v. Trimble, Record No. 2394-09-4, at *5 (Va. Ct. App. Apr. 27, 2010); Tronfield v. Nationwide Mut. Ins. Co. (2006) 272 Va. 709, 712, 636 S.E.2d 447, 449.)

“For example, where a plaintiff ha[s] no right of action at the time of bringing the suit, . . . [a] demurrer [to the suit] [is] rightly sustained." (See Trimble v. Trimble, Record No. 2394-09-4, at *5 (Va. Ct. App. Apr. 27, 2010); Keyser v. Renner (1890) 87 Va. 249, 250-51, 12 S.E. 406, 406.)

Stated differently, “dismissal for failure to state a claim is proper where it is clear that no relief could be granted under any set of facts that could be proved consistent with the allegations." (See Folse v. Elliott, No. 20-1012, at *1 (W. Va. Oct. 13, 2021); Zsigray v. Langman (2020) 243 W.Va. 163, 169, 842 S.E.2d 716, 722; Murphy v. Smallridge (1996) 196 W.Va. 35, 36, 468 S.E.2d 167, 168.)

Procedural Steps Involved in Filing a Motion to Dismiss for Failure to State a Claim

Section 8.01-273 of the Virginia Court Rules governs demurrers.

The rule states that “In any suit in equity or action at law, the contention that a pleading does not state a cause of action or that such pleading fails to state facts upon which the relief demanded can be granted may be made by demurrer.” (See Va. Code § 8.01-273(A).)

“All demurrers shall be in writing and shall state specifically the grounds on which the demurrant concludes that the pleading is insufficient at law. No grounds other than those stated specifically in the demurrer shall be considered by the court. A demurrer may be amended as other pleadings are amended.” (See id.)

“Wherever a demurrer to any pleading has been sustained, and as a result thereof the demurree has amended his pleading, he shall not be deemed to have waived his right to stand upon his pleading before the amendment, provided that (i) the order of the court shows that he objected to the ruling of the court sustaining the demurrer and (ii) the amended pleading incorporates or refers to the earlier pleading.” (See Va. Code § 8.01-273(B).)

“On any appeal of such a case the demurree may insist upon his earlier pleading before the amendment, and if the same be held to be good, he shall not be prejudiced by having made the amendment.” (See id.)

Standard of Review in Deciding a Motion to Dismiss for Failure to State a Claim

“Our review of the trial court’s decision to sustain the appeal is governed by well-established principles.” (See Crosby v. Alg Tr., LLC (2018) 822 S.E.2d 185, 189.)

"A demurrer tests the legal sufficiency of facts alleged in pleadings, not the strength of proof." (See id; Glazebrook v. Board of Supervisors (2003) 266 Va. 550, 554, 587 S.E.2d 589.)

“Therefore, we accept as true all properly pled facts and all inferences fairly drawn from those facts." (See Crosby v. Alg Tr., LLC (2018) 822 S.E.2d 185, 189.)

As such, “appellate review of a circuit court's order granting a motion to dismiss a complaint is de novo." (See Syl. Pt. 2, State ex rel. McGraw v. Scott Runyan Pontiac-Buick (1995) 194 W.Va. 770, 461 S.E.2d 516; Folse v. Elliott, No. 20-1012, at *1 (W. Va. Oct. 13, 2021).)

Legal Precedents and Case Law on a Motion to Dismiss for Failure to State a Claim

It is well settled that the “Federal Rule of Civil Procedure 12(b)(6) allows dismissal for failure to state a claim upon which relief can be granted." (See Fed. R. Civ. P. 12(b)(6); Motley v. Virginia, Civil Action No. 3:16cv595, at *4 n.10 (E.D. Va. Mar. 24, 2017).)

It is also well settled that “in any suit in equity or action at law, the contention that a pleading does not state a cause of action or that such pleading fails to state facts upon which the relief demanded can be granted may be made by demurrer. All demurrers shall be in writing and shall state specifically the grounds on which the demurrant concludes that the pleading is insufficient at law. No grounds other than those stated specifically in the demurrer shall be considered by the court.” (See Formica v. Puryear, No. 1581-22-2, at *8 (Va. Ct. App. July 25, 2023).)