Arizona Rule 12(B)(6) Motion

Rule 12(b) states that if, in a motion to dismiss for failure to state a claim: Matters outside the pleading are presented to and not excluded by the court, the motion shall be treated as one for summary judgment and disposed of as provided in Rule 56, and all parties shall be given reasonable opportunity to present all material made pertinent to such a motion by Rule 56. See Frey v. Stoneman, 150 Ariz. 106, 109, 722 P.2d 274, 277 (1986). In Brosie v. Stockton, 105 Ariz. 574, 468 P.2d 933 (1970), the Arizona Supreme Court explained that this rule applies to a motion to dismiss for failure to state a claim that is "supported by extra-pleading material." Id. at 576, 468 P.2d at 935 (quoting 5 Charles Alan Wright & Arthur R. Miller, Federal Practice and Procedure, 1366, at 676 (1st ed. 1969)). But the rule does not require summary judgment treatment of a motion that attaches "extraneous matters that neither add to nor subtract from the deficiency of the pleading." Id. Likewise, Rule 56 treatment is not required when the court does not rely on the proferred extraneous materials. Anderson v. Angelone, 86 F.3d 932, 934 (9th Cir. 1996); see Brosie, 105 Ariz. at 576, 468 P.2d at 935 (no conversion necessary when extraneous material was "unnecessary to the final outcome").