Schmitz v. United States Bakery

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• one of six bases for attacking pleadings pursuant to section 2-615 is that the pleading fails to state a claim upon which relief can be granted
• section 2-619 motion need not be accompanied by supporting material if the affirmative matter appears on the face of the complaint or can be determined as a matter of law
• “section 2-619 motions should not be used to attack the factual basis of the claim itself; if such an attack is to be made, it should be by a summary judgment motion”
• if a defendant wishes to challenge the factual sufficiency of a plaintiff’s claim, a summary judgment motion is the proper vehicle, whereas a section 2-619 motion to dismiss asserts other affirmative matters avoiding the legal effect of or defeating the claim

Source: CourtListener parenthetical corpus (CC0).