Should you bring a so what motion or a yes, but motion?
This case is interesting not so much for the appellate procedure aspects, but for its delineation of the differences between several types of dispositive motions. A 735 ILCS 5/2-615(a) motion says “So what? The facts the plaintiff has pleaded do not state a cause of action against me.” A 735 ILCS 5/2-619(a) says “Yes, the complaint was legally sufficient, but affirmative matter exists that defeats the claim.” However, §2-619 does not authorize the defendant to submit affidavits or evidentiary matter for the purpose of contesting the plaintiff’s factual allegations and presenting its version of the facts. Where a defendant seeks to address the complaint’s factual allegations, a summary judgment motion under 735 ILCS 5/2-1005 is the proper vehicle. Finally, a motion for judgment on the pleadings under 735 ILCS 5/2-615(e) is “like a motion for summary judgment limited to the pleadings.”
Reynolds v. Jimmy John’s Enterprises, LLC, 2013 IL App (4th) 120139.