5/2-603.

Form of pleadings - WestlawNext

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NOTES OF DECISIONS (1410)

IN GENERAL

5/2-603. Form of pleadings

SUFFICIENCY OF COMPLAINT

West's Smith-Hurd Illinois Compiled Statutes Annotated West's Smith-Hurd Illinois Compiled Statutes Annotated Chapter 735. Civil Procedure Chapter 735. Civil Procedure Act 5. Code of Civil Procedure (Refs & Annos) Article II. Civil Practice (Refs & Annos) Part 6. Pleading (Refs & Annos) 735 ILCS 5/2-603 Formerly cited as IL ST CH 1102-603
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5/2-603. Form of pleadings

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2-603. Form of pleadings. (a) All pleadings shall contain a plain and concise statement of the pleader's cause of action, counterclaim, defense, or reply. (b) Each separate cause of action upon which a separate recovery might be had shall be stated in a separate count or counterclaim, as the case may be and each count, counterclaim, defense or reply, shall be separately pleaded, designated and numbered, and each shall be divided into paragraphs numbered consecutively, each paragraph containing, as nearly as may be, a separate allegation. (c) Pleadings shall be liberally construed with a view to doing substantial justice between the parties.

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P.A. 82-280, 2-603, eff. July 1, 1982. Formerly Ill.Rev.Stat.1991, ch. 110, 2-603.

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IN GENERAL ---- Sufficiency of complaint, prior law Under former chancery practice, bill was required to allege all facts necessary to entitle the complainant to relief. If the knowledge of this transaction only came to the complainant after it had been developed by the evidence, if he desired to take advantage of it or seek any relief by reason thereof, he was required to amend his bill and allege the facts. Aetna Accident & Liability Co. v. Alexander Lumber Co., 1920, 215 Ill.App. 555, reversed on other grounds, 296 Ill. 500, 129 N.E. 871. Sufficiency of answer--In general Sufficiency of answer and counterclaim, denying liability for and seeking injunction against collection of mortgage foreclosure sale deficiency, in suit by assignee of deficiency decree to discover assets of defendant mortgagor, as against plaintiff's motion to strike such pleadings as setting up matter adjudicated by overruling of
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defendant's motion in foreclosure suit to modify decree so as to relieve him from liability for deficiency, must be judged from their allegations only, where plaintiff failed to support motion by affidavit and set up proceedings in foreclosure suit. Tabero v. Stutkowski, App.1936, 3 N.E.2d 115, 286 Ill.App. 225. Pleading 360 SUFFICIENCY OF COMPLAINT ---- Inconsistencies, separate counts, sufficiency of complaint Averments of complaint, which in part was in nature of bill of review of foreclosure proceedings, that bank which held trust deed had falsely informed plaintiff that it had paid mechanics' lien claim against part of property in full but that claimants had received nothing from bank, and averments which sought to require bank and other defendants to disclose what amounts, if any, had been paid on mechanics' liens and what other moneys had been disbursed were inconsistent. Barzowski v. Highland Park State Bank, 1939, 21 N.E.2d 294, 371 Ill. 412. Pleading 21 ---- Common counts, separate counts, sufficiency of complaint A complaint alleging that real estate brokers divulged to trustee the names of prospective purchasers of trust property upon agreement by trustee to treat the information in strictest confidence, and that trustee in disregard of the trust and confidence reposed in him negotiated with purchasers and sold property to them, did not allege cause of action for recovery of damages for tortious violation of a confidential relationship, in absence of allegation that trustee made use of the information. Camp v. Hollis, App.1947, 74 N.E.2d 31, 332 Ill.App. 60. Brokers 6 ---- Foreclosures, conclusions, sufficiency of complaint A bill of foreclosure, filed before the principal note secured matures, whose only allegation of right to declare it due is that there is due the complainant, principal note for the sum of $20,000, which your orator, * * * under the option granted him as holder thereof, in and by said deed of trust, hereby declares to be now due,--the trust deed not being set out in or attached to the bill,--was demurrable under prior law; the allegation as to the complainant's option was a mere conclusion of the pleader. Jocelyn v. White, 1903, 66 N.E. 327, 201 Ill. 16. Pleading 8(2) ---- Specific cases, plain and concise statement, sufficiency of complaint In action for accounting of moneys collected by village on special assessments, crosscomplaint alleging that village treasurer had misapplied the collections, and that sureties on his bond were liable, and alleging generally that an accounting would determine the liability of each of the sureties, was insufficient as not containing a plain and concise statement of the pleader's complaint. Howie v. Village of Mount Prospect, App.1940, 29 N.E.2d 871, 307 Ill.App. 238. Pleading 147 ---- Title or possession, particular issues, sufficiency of complaint Allegation that, as result of acquirement of title through strict foreclosure proceeding and ownership of bonds, a merger resulted, was mere conclusion of pleader. Chicago Title & Trust Co. v. Wolchinovesky, App.1945, 61 N.E.2d 264, 326 Ill.App. 194. Pleading 8(11) ---- Conspiracy, specific cases, particular actions, sufficiency of complaint Complaint alleging, generally, that defendants, including building and zoning officer and mortgagee, issued stop work orders and arrest warrants because of alleged building code violations and instituted foreclosure proceedings on delinquent loans

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was insufficient to allege conspiracy to destroy plaintiff's business by unlawful means, for lack of allegation that plaintiff's business was lawful and that defendants' actions were unjustified. De L'Ogier Park Development Corp. v. First Federal Sav. & Loan Ass'n of Berwyn, App.1972, 6 Ill.App.3d 807, 286 N.E.2d 583. Conspiracy 18 In action for damages from alleged failure of prospective purchasers to buy realty under written contract which could be declared void by either party if prospective purchasers did not close deal to sell their realty by specified date, allegations that purchasers and others confederated and conspired to delay closing deal, having been made without supporting facts, were conclusions. Sessa v. Olson, App.1953, 113 N.E.2d 190, 350 Ill.App. 588. Pleading 8(3) ---- Employment, particular actions, sufficiency of complaint Declaratory judgment claim of prospective fire fighter-paramedic was too conclusory to meet usual fact-pleading requirements of Illinois practice, as even liberally construed it did not contain sufficiently detailed facts regarding actual or legal controversy for declaration of rights under either Municipal Code or rules of Board of Fire and Police Commissioners. Mueller v. Board of Fire and Police Com'rs of Village of Lake Zurich, App. 2 Dist.1994, 205 Ill.Dec. 304, 267 Ill.App.3d 726, 643 N.E.2d 255. Declaratory Judgment 319 ---- Foreclosure, particular actions, sufficiency of complaint ---- Interference with economic advantage, particular actions, sufficiency of complaint Under Illinois law, the elements of a cause of action for tortious interference with a prospective economic advantage are as follows: (1) the plaintiff's reasonable expectation of entering into a valid business relationship; (2) the defendants' knowledge of plaintiff's expectancy; (3) purposeful interference by the defendants that prevents the plaintiff's legitimate expectancy from being fulfilled; and (4) damages to the plaintiff resulting from such interference. Burrell v. City of Mattoon, C.A.7 (Ill.)2004, 378 F.3d 642. Torts 213 Under Illinois law, conduct of incoming mayor and council-elect of informing city clerk that he would not be reappointed the following day at inaugural meeting did not interfere with clerk's ability to convert pension plan, as required for claim for tortious interference with a prospective economic advantage; record reflected that clerk was told of the intention not to reappoint him a day early as a courtesy, and clerk was under in the same position as he would have been, with respect to converting pension benefits, had he not been given the advance warning. Burrell v. City of Mattoon, C.A.7 (Ill.)2004, 378 F.3d 642. Labor And Employment 904; Torts 241 Distributor of hardware, chemicals and electrical repair products to industrial customers stated claim for interference with economic advantage, under Illinois law, by alleging that competitor and distributor's former employees interfered with distributor's reasonable expectation that it would retain customers of business it had acquired by improperly soliciting customers of acquired company. Lawson Products, Inc. v. Chromate Industrial Corp., N.D. Ill.2001, 158 F.Supp.2d 860. Torts 241 Battery seller adequately alleged that it had a reasonable expectation of entering into a valid business relationship with a buyer, as required to state a claim against a competitor for tortious interference with a prospective economic advantage under Illinois law; the customer's statement of its own anticipation of some continued relationship with the seller, even while announcing its plans to embark on a bidding procedure, made it reasonable to infer that the thwarting of that anticipation interfered
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with the seller's reasonable expectation along the same line. Johnson Controls, Inc. v. Exide Corp., N.D. Ill.2001, 129 F.Supp.2d 1137. Torts 241 Battery seller adequately alleged that its injury, loss of a buyer's business, was actually caused by a competitor's bribery of the buyer's officer, as required to state a claim against a competitor for tortious interference with a prospective economic advantage under Illinois law; seller asserted that the bribes prevented its legitimate expectation from ripening into a continuing business relationship, disadvantaged the seller in its negotiations with the buyer, and ultimately resulted in loss of a battery supply contract. Johnson Controls, Inc. v. Exide Corp., N.D. Ill.2001, 129 F.Supp.2d 1137. Torts 241 For battery seller to state a claim against a competitor for tortious interference with a prospective economic advantage under Illinois law, the seller was not required to allege that such interference was the main purpose of the competitor's actions in bribing a buyer; case law required no more than a purposeful interference preventing the seller's legitimate expectancy from ripening into a valid business relationship, with purposeful interference connoting some impropriety in doing so. Johnson Controls, Inc. v. Exide Corp., N.D. Ill.2001, 129 F.Supp.2d 1137. Torts 241 To prevail on a claim for tortious interference with a prospective economic advantage under Illinois law, a plaintiff must prove (1) its reasonable expectation of entering into a valid business relationship, (2) defendant's knowledge of plaintiff's expectancy, (3) purposeful interference by defendant that prevents plaintiff's legitimate expectancy from ripening into a valid business relationship and (4) damages to plaintiff resulting from such interference. Johnson Controls, Inc. v. Exide Corp., N.D. Ill.2001, 129 F.Supp.2d 1137. Torts 213 Where there was no allegation that those who were allegedly operating parking lot in violation of city ordinance had any knowledge of contract affecting competing parking lot operator and no allegation that those who were operating the parking lot intentionally interfered with that contract or expectancy, complaint by competing parking lot operators did not state a cause of action for tortious interference with prospective economic advantage or with contractual relationship. Launius v. Najman, App. 1 Dist.1984, 84 Ill.Dec. 420, 129 Ill.App.3d 498, 472 N.E.2d 170, appeal denied. Torts 240 Plaintiff's second amended complaint sufficiently pleaded elements of prima facie case required to state cause of action for intentional interference with existing and prospective business relationships. O'Brien v. State Street Bank & Trust Co., App. 4 Dist.1980, 37 Ill.Dec. 263, 82 Ill.App.3d 83, 401 N.E.2d 1356. Torts 255 Tort of interference with prospective economic advantage is a purposely caused tort and, therefore, plaintiff must allege facts that indicate that defendant acted with the purpose of injuring plaintiff's expectancies. Crinkley v. Dow Jones and Co., App. 1 Dist.1978, 24 Ill.Dec. 573, 67 Ill.App.3d 869, 385 N.E.2d 714. Torts 255 ---- Interference with contract, generally, particular actions, sufficiency of complaint To establish tortious interference with contractual relations under Illinois a plaintiff must demonstrate the following elements: (1) a valid and enforceable contract; (2) defendants' awareness of the contractual obligation; (3) defendants' intentional and unjustified inducement of the breach; (4) subsequent breach caused by defendants' unlawful conduct; and (5) resultant damages. Burrell v. City of Mattoon, C.A.7 (Ill.)2004, 378 F.3d 642. Torts 212

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Under Illinois law, the elements of tortious interference with contract are: (1) the existence of a valid contract between plaintiff and another; (2) the defendants' awareness of this contract; (3) defendants' intentional and unjustified inducement of a breach of the contract; (4) a subsequent breach by the other, caused by defendants' wrongful conduct; and (5) damages. Von Der Ruhr v. Immtech Intern., Inc., N.D. Ill.2004, 326 F.Supp.2d 922. Torts 212 To state claim for tortious interference with contract under Illinois law, plaintiff must allege: (1) plaintiff had valid contractual relationship with another party; (2) defendant was aware of that relationship; (3) defendant intentionally or unjustifiably induced other party to breach; (4) other party breached contract as result of defendant's actions; and (5) that breach caused plaintiff's damages. Fidelity National Title Ins. Co. of New York v. Intercounty National Title Ins. Co., N.D. Ill.2001, 161 F.Supp.2d 876. Torts 212 Under Illinois law, elements of tortious interference with contract claim do not require direct inducement of breaching party; allegations that defendant's behavior caused third party not to perform its contract suffice. Restatement of Torts 766. Fidelity National Title Ins. Co. of New York v. Intercounty National Title Ins. Co., N.D. Ill.2001, 161 F.Supp.2d 876. Torts 212; Torts 219 Complaint did not fail to state a cause of action for interference with prospective economic advantage by reason of plaintiff's failure to allege an interference with a prospective business relation either with specific third parties or with an identifiable class of third persons; it was not necessary that plaintiff allege the identity of the third party or parties by name and plaintiff's description of the alleged third parties as manufacturers of medical instrumentation or allied health care products or other products was sufficiently specific. Crinkley v. Dow Jones and Co., App. 1 Dist.1978, 24 Ill.Dec. 573, 67 Ill.App.3d 869, 385 N.E.2d 714. Torts 255 ---- Interference with contract, specific cases, particular actions, sufficiency of complaint Complaint alleging that defendant's publication of allegedly defamatory article interfered with, and caused termination of plaintiff organization's contractual relationship with its actual and prospective members, but which set forth no statements indicating what contract deserving of legal protection was involved, failed to state cause of action for malicious, intentional and willful interference with contractual relationships. Founding Church of Scientology of Washington, D. C. v. American Medical Ass'n, App. 1 Dist.1978, 18 Ill.Dec. 5, 60 Ill.App.3d 586, 377 N.E.2d 158. Torts 255 ---- Trusts and trustees, particular actions, sufficiency of complaint Where allegations of complaint in suit to establish a resulting trust in land showed that defendant had been reimbursed for money advanced as a loan to plaintiff to redeem land from foreclosure sale under trust deed, that defendant had title to land and retained money advanced to defendant for plaintiff's benefit, and defendant had in his hands more than sufficient to reimburse defendant from liability upon mortgage on land, plaintiff was excused from making a direct allegation of plaintiff's willingness to do equity. Frasier v. Finlay, 1940, 30 N.E.2d 613, 375 Ill. 78. Trusts 371(1) Where complaint in suit to establish a resulting trust in land could be construed as alleging that money advanced by co-defendant to redeem land from foreclosure sale under a trust deed was in the nature of a loan to plaintiff secured by land, and that plaintiff was entitled to relief in equity against defendants because they acquired their interest in land with knowledge of plaintiff's rights therein, sustaining defendants' motion to dismiss was error. Frasier v. Finlay, 1940, 30 N.E.2d 613, 375 Ill. 78. Trusts
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371(2) ---- Facts constituting fraud, sufficiency of complaint An amended complaint, which in part was in nature of bill of review of foreclosure proceeding and which sought to quiet title, which alleged fraud and conspiracy of holder of trust deed, purchasers of part of property which was subsequently sold to holder of trust deed on foreclosure of mechanics' liens, and Home Owners' Loan Corporation which loaned money to purchaser to whom holder of trust deed sold property after trust deed foreclosure, failed to allege facts sufficient to entitle plaintiff to relief sought, since allegations of fraud were by way of conclusion. Barzowski v. Highland Park State Bank, 1939, 21 N.E.2d 294, 371 Ill. 412. Pleading 8(15) Current through P.A. 97-629 of the 2011 Reg. Sess.

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