AZ STATECourt of Appeals of Arizona
2010

Strategic Development & Construction, Inc. v. 7th & Roosevelt Partners, LLC

226 P.3d 1046Court of Appeals of Arizona • Decided 2010Remanded
Lien RightsCited 68 times

HOLDING

Strategic Development sued for unpaid construction work and filed a lien claim. The defendant moved to dismiss the case, citing documents not attached to the complaint. The Arizona Court of Appeals ruled that when a dismissal motion references documents that are public record or central to the claims, the court can grant dismissal without converting it to summary judgment. However, the court must give the plaintiff a reasonable chance to respond if outside documents are introduced. The case was remanded because the trial court didn't properly consider Strategic's request for more time to respond.

KEY FINDINGS

Lien Rights

If a defendant's motion to dismiss references documents not attached to your complaint, demand the court treat it as a summary judgment motion and give you time to respond with evidence.

FULL COURT OPINION