Georgia Failure to State a Claim Upon Which Relief Can Be Granted
A motion to dismiss for failure to state a claim upon which relief may be granted should not be sustained unless:
(1) the allegations of the complaint disclose with certainty that the claimant would not be entitled to relief under any state of provable facts asserted in support thereof;
(2) the movant establishes that the claimant could not possibly introduce evidence within the framework of the complaint sufficient to warrant a grant of the relief sought.
If, within the framework of the complaint, evidence may be introduced which will sustain a grant of the relief sought by the claimant, the complaint is sufficient and a motion to dismiss should be denied.
In deciding a motion to dismiss, all pleadings are to be construed most favorably to the party who filed them, and all doubts regarding such pleadings must be resolved in the filing party's favor. Anderson v. Flake, 267 Ga. 498, 501 (2) (480 S.E.2d 10) (1997).
When examining a complaint to determine whether the facts asserted therein state a claim for relief under which the plaintiff may recover, it is not necessary to find that the complaint is perfect in form or that it sets out all of the issues with particularity.
It is only necessary that the complaint place the defendant on notice of the claim against him. Andemeskel v. Waffle House, 227 Ga. App. 887 (2) (490 S.E.2d 550) (1997).