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What does "substantially insufficient in law" mean in relation to a complaint?
Optional Information: State/Country relating to question: Illinois
Substantially insufficient in law means that a complaint can be dismissed or stricken because the laws the suit was based upon do not support the action based on the facts presented. See: Super Liquors, Inc. v. Illinois Liquor Control Com'n, 446 N.E.2d 945, 113 Ill.App.3d 229, 68 Ill.Dec. 774 (Ill.App. 3 Dist., 1983).
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Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
Presumption is made that all facts presented in the complaint are true? The Plaintiff pleading their capacity to sue inaccurately wouldn't be subject to a motion to strike 2-615?
If all of the facts viewed in a light most favorable to the non-moving party are not sufficient to make a case based on the applicable laws, then the case would be dismissed, this is the standard for the court to dismiss on summary judgment. The 2-615 motion to dismiss means that even if the facts are presumed true, the law still does not support an action or count in the action.