Motion to Dismiss For Failure to State a Claim in New Mexico

Background

“A motion to dismiss on the pleadings ... is similar to a motion to dismiss for failure to state a claim upon which relief can be granted [.]” (Orion Technical Res., LLC v. Los Alamos Nat'l Sec., LLC (2012) 287 P.3d 967, 971 citing Shovelin v. Cent. N.M. Elec. Coop., Inc. (1993) 115 N.M. 293, 302.)

“A motion to dismiss for failure to state a claim ... tests the legal sufficiency of the complaint[.]” (Woodmont Paseo, LLC v. N.M. Utilities, Inc., No. A-1-CA-35611, at *4 [(N.M. Ct. App. Aug. 23, 2019] citing Derringer v. State, 2003-NMCA-073, ¶ 5, 133 N.M. 721.)

General Information for Complaints and Motions

The motion “should be granted only when it appears that the plaintiff is not entitled to recover under any facts provable under the complaint.” (Id. [internal quotation marks and citation omitted].) “[A] motion to dismiss for failure to state a claim is granted infrequently.” (Orion Technical Res., LLC v. Los Alamos Nat'l Sec., LLC (2012) 287 P.3d 967, 971.)

“Where matters outside the pleadings are considered on a motion to dismiss for failure to state a claim, the motion becomes one for summary judgment.” (Knippel v. Northern Communications, Inc. (1982) 97 N.M. 401, 402 citing N.M.R.Civ.P. 12(b)(6), N.M.S.A. 1978.)

Standard of Review and Burdens of Proof

“In reviewing a district court's decision to dismiss for failure to state a claim, we accept all well-pleaded factual allegations in the complaint as true and resolve all doubts in favor of sufficiency of the complaint.” ((Woodmont Paseo, LLC v. N.M. Utilities, Inc., No. A-1-CA-35611, at *4 [N.M. Ct. App. Aug. 23, 2019] citing [internal quotation marks and citation omitted].)

The Court’s Decision

“A motion to dismiss may be granted if it is evident that the plaintiff cannot obtain relief under any set of facts alleged in the complaint or if the facts on the face of the complaint clearly support an affirmative defense to the relief sought.” (Woodmont Paseo, LLC v. N.M. Utilities, Inc., No. A-1-CA-35611, at *4 [N.M. Ct. App. Aug. 23, 2019] citing Sanders v. Estate of Sanders, 1996-NMCA-102, ¶ 6, 122 N.M. 468, 927 P.2d 23 [citations omitted].)

“On review, [the court of appeals will] accept all well-pleaded factual allegations in the complaint as true and resolve all doubts in favor of the sufficiency of the complaint.” (Martinez v. Chevron Mining, Inc., No. A-1-CA-37140, at *3 [N.M. Ct. App. June 4, 2020][internal citations omitted].)

A appeals court review “is limited to a determination of whether "the essential elements prerequisite to the granting of the relief sought can be found or reasonably inferred" from the complaint.” (Id.)