Cited by

Under these prongs, knowledge and purpose are determinative, and an information provider owes “no duty to a third party who is merely a member of the larger class who might reasonably be expected sooner or later to have access to the information and foreseeably to take some action in reliance upon it.” Belen Loan Invs., ¶ 11 (App. 2012) (citation modified); see also Restatement § 552, cmt.

See Belen Loan Investors, -53, ¶¶ 6-7 (App. 2012).

See Belen Loan Investors, ¶ 7 (App. 2012) (holding that “extrinsic documents” did not convert defendants’ Rule 12(b)(6) motion to one for summary judgment because “the court did not rely on the extrinsic documents in ruling on [the] motion, instead basing its dismissal on the allegations of the complaint and the legal arguments of the pa

Dicta in one case indicates that a court satisfies this requirement if it gives parties “the opportunity to file a written response or reply.” Belen Loan Investors, n.7 (App. 2012).

oncurring in part and dissenting in part K I L E Y, Judge, concurring in part and dissenting in part: ¶47 This Court has long held that it “will not affirm” a dismissal for failure to state a claim “unless satisfied that as a matter of law [the plaintiff] would not be entitled to relief under any interpretation of the facts susceptible of proof.” Belen Loan Invs., ¶ 7 (App. 2012) (cleaned up).

CO. Opinion of the Court ¶12 In so concluding, the superior court improperly relied on factual assertions not contained in the complaint, which were “necessary to support its rationale for dismissal.” Workman, (quoting Belen Loan Invs., ).

Belen Loan Invs., ¶ 5 (App. 2012) (internal quotation and citation omitted); see also Ariz. R. Civ.

See Belen Loan Invs., ¶ 22 (App. 2012) (“[I]ssues not clearly raised and argued in a party’s appellate brief are waived.”).

See Belen Loan Invs., ¶ 22 (App. 2012) (“[I]ssues not clearly raised and argued in a party’s appellate brief are waived.”).

See Belen Loan Invs., ¶ 7 (App. 2012).

See Belen Loan Investors, ¶ 16 (App. 2012).

See Belen Loan Invs., n.8 (App. 2012) (citing Strategic Dev.

¶ 82 (App. 2012); Belen Loan Inv’rs, ¶ 22 (App. 2012).

See Belen Loan Inv’rs, ¶ 5 (App. 2012) (“[I]f extraneous matters neither add to nor subtract from the deficiency of the pleading,” the motion to dismiss need not be converted into a motion for summary judgment).

¶ 82 (App. 2012); see also Belen Loan Inv’rs, ¶ 22 (App. 2012) (recognizing issues not clearly raised and argued on appeal are waived and declining to address the dismissal of a claim with respect to which the appellant made no specific argument).

Although Kresock now argues, for the first time on appeal, the trial court should have allowed him to pursue discovery once it considered evidence outside the pleadings, “[t]he ‘reasonable opportunity’ requirement inherent in Rule 12(b) is satisfied when a party had the opportunity to file a written response or reply.” Workman, 240 Ariz. at 602, ¶ 15 (quoting Belen Loan Inv’rs, n.7, ¶ 7 (App. 2012)).

I. Negligent Misrepresentation ¶9 Restatement (Second) of Torts § 552 (1977) (“Restatement”) “outlines the extent of an appraiser’s duty to a third party who justifiably relies on false information supplied by the professional.” Belen Loan Inv’rs, ¶ 10 (App. 2012).

Belen Loan Inv’rs, ¶ 22 (App. 2012) (citation omitted).

Opinion of the Court Loan Inv’rs

See Belen Loan Inv’rs, ¶ 7 (App. 2012) (“[I]f extraneous matters neither add to nor subtract from the deficiency of the pleading, the motion need not be converted.”) (citing Strategic Dev.

Co., ¶ 7 (2008), but not mere conclusory assertions or legal opinions, Belen Loan Investors, ¶ 18 (App. 2012).

Belen Loan Investors, ¶ 6

plaintiffs would not be entitled to relief under any interpretation of the facts susceptible of proof.” Belen Loan Investors, ¶ 7 , (quoting Coleman, 230 Ariz. at 356, ¶ 8 , 284 P.3d at 867 ) (internal quotation marks omitted).

Co., (holding that issues which are not clearly raised and argued by a party in his appellate brief are waived); Belen Loan Investors, ¶ 22, (same).