· 3/18/2010
Strategic Development & Construction, Inc. v. 7th & Roosevelt Partners, LLC
Citations
- 226 P.3d 1046
- 224 Ariz. 60
- 578 Ariz. Adv. Rep. 42
- 2010 Ariz. App. LEXIS 34
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that it is appropriate under Rule 12(b)(6) to consider a \document that is central to the complaint\ but was not appended to the complaint
- stating that if a court does not exclude matters outside the pleadings, a Rule 12(b)(6
- explaining that “a Rule 12(b)(6) motion that presents a document that is a matter of public record need not be treated as a motion for summary judgment.”
- stating that the non-moving party must respond to a “Rule 12(b)(6) motion within ten days” or otherwise, “the superior court has discretion to grant the motion summarily.”
- concluding that “[b]ecause the extraneous documents were both matters of public record and the basis of one of the claims in the complaint, . . . the court did not abuse its discretion by granting the motion without permitting the plaintiff an opportunity to respond pursuant to Rule 56”
- noting “a Rule 12(b)(6) motion that presents a document that is a matter of public record need not be treated as a motion for summary judgment.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Johnsen, Orozco, Thompson
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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