STRATEGIC DEVELOPMENT v. 7TH & ROOSEVELT

No. 1 CA-CV 09-0187.

226 P.3d 1046 (2010)

STRATEGIC DEVELOPMENT AND CONSTRUCTION, INC., an Arizona Corporation, Plaintiff/Appellant, v. 7TH & ROOSEVELT PARTNERS, LLC, an Arizona Limited Liability Company, Defendant/Appellee.

Court of Appeals of Arizona, Division 1, Department D.

March 18, 2010.


Attorney(s) appearing for the Case

Ward Law Offices, PLLC By Ann-Marie Anderson, David E. Ward, Phoenix, Attorneys for Appellant.

The Nathanson Law Firm By Philip J. Nathanson, Scottsdale, Attorneys for Appellee 7th & Roosevelt Partners, LLC.


OPINION

JOHNSEN, Judge.

¶ 1 In considering a motion to dismiss for failure to state a claim pursuant to Arizona Rule of Civil Procedure 12(b)(6) that presents "matters outside the pleading," if the superior court does not "exclude" the extraneous matters, it must treat the motion as a Rule 56 motion for summary judgment and allow the plaintiff a "reasonable opportunity to present" all pertinent material in response. Ariz. R. Civ. P. 12(b). In this case...

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