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Rogers V. Quiktrip Corporation

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Rogers V. Quiktrip Corporation Page 1 230 P.3d 853, 2010 OK 3 (Cite as: 230 P.3d 853) [2] Pretrial Procedure 307A 622 Supreme Court of Oklahoma. 307A Pretrial Procedure Mark ROGERS, Terry O'Rorke and William Wilson, 307AIII Dismissal on behalf of themselves and all others similarly si- 307AIII(B) Involuntary Dismissal tuated, Plaintiffs 307AIII(B)4 Pleading, Defects In, in Gen- v. eral QUIKTRIP CORPORATION, Love's Travel Stops & 307Ak622 k. Insufficiency in general. Country Stores, Inc., and 7-Eleven, L.L.C., Defen- Most Cited Cases dants. Purpose of a motion to dismiss is to test the law No. 106,684. that governs the claim in litigation rather than to ex- Jan. 19, 2010. amine the underlying facts of that claim. As Revised Feb. 4 and March 8, 2010. [3] Pretrial Procedure 307A 624 Background: Customers filed putative class action against fuel sellers urging the latter sold gasoline 307A Pretrial Procedure containing the additive ethanol without disclosing to 307AIII Dismissal customers the ethanol content of the fuel. Sellers filed 307AIII(B) Involuntary Dismissal motion to dismiss. The District Court, Pottawatomie 307AIII(B)4 Pleading, Defects In, in Gen- County, Douglas L. Combs, J., denied the motion. eral Sellers filed writ of certiorari. 307Ak623 Clear and Certain Nature of Insufficiency Holdings: The Supreme Court, Opala, J., held that: 307Ak624 k. Availability of relief (1) trial court had jurisdiction over action; and under any state of facts provable. Most Cited Cases (2) statute governing posting requirements of gasoline additives applied. A motion to dismiss for failure to state a claim upon which relief may be granted will not be sustained Affirmed in part, reversed in part. unless it should appear without doubt that the plaintiff can prove no set of facts in support of the claim for West Headnotes relief. [1] Appeal and Error 30 893(1) [4] Pretrial Procedure 307A 679 30 Appeal and Error 307A Pretrial Procedure 30XVI Review 307AIII Dismissal 30XVI(F) Trial De Novo 307AIII(B) Involuntary Dismissal 30k892 Trial De Novo 307AIII(B)6 Proceedings and Effect 30k893 Cases Triable in Appellate 307Ak679 k. Construction of pleadings. Court Most Cited Cases 30k893(1) k. In general. Most Cited Cases Pretrial Procedure 307A 683 When reviewing a trial court's dismissal of an 307A Pretrial Procedure action an appellate court examines the issues de novo. 307AIII Dismissal © 2012 Thomson Reuters. No Claim to Orig. US Gov. Works. Reprinted from Westlaw with permission of Thomson Reuters. If you wish to check the currency of this case, you may do so using KeyCite on Westlaw by visiting http://www.westlaw.com/. Page 2 230 P.3d 853, 2010 OK 3 (Cite as: 230 P.3d 853) 307AIII(B) Involuntary Dismissal 307Ak624 k. Availability of relief 307AIII(B)6 Proceedings and Effect under any state of facts provable. Most Cited Cases 307Ak682 Evidence 307Ak683 k. Presumptions and bur- A quest for dismissal should be denied if relief is den of proof. Most Cited Cases possible under any set of facts which can be estab- lished and is consistent with the allegations. When considering a defendant's quest for dis- missal the court must take as true all of the challenged [7] Pretrial Procedure 307A 622 pleading's allegations together with all reasonable inferences that may be drawn from them. 307A Pretrial Procedure 307AIII Dismissal [5] Pleading 302 49 307AIII(B) Involuntary Dismissal 307AIII(B)4 Pleading, Defects In, in Gen- 302 Pleading eral 302II Declaration, Complaint, Petition, or State- 307Ak622 k. Insufficiency in general. ment Most Cited Cases 302k49 k. Theory and form of action. Most Cited Cases A petition can generally be dismissed only for absence of any cognizable legal theory to support the Pleading 302 72 claim or for insufficient facts under a cognizable legal theory. 302 Pleading 302II Declaration, Complaint, Petition, or State- [8] Antitrust and Trade Regulation 29T 337 ment 302k72 k. Prayer for relief. Most Cited Cases 29T Antitrust and Trade Regulation 29TIII Statutory Unfair Trade Practices and Pretrial Procedure 307A 622 Consumer Protection 29TIII(E) Enforcement and Remedies 307A Pretrial Procedure 29TIII(E)4 State and Local Administrative 307AIII Dismissal Agencies 307AIII(B) Involuntary Dismissal 29Tk337 k. Powers, functions, jurisdic- 307AIII(B)4 Pleading, Defects In, in Gen- tion, and authority. Most Cited Cases eral 307Ak622 k. Insufficiency in general. Trial court had jurisdiction over putative class Most Cited Cases action brought by customers against fuel sellers al- leging sellers had a duty to inform customers as to A plaintiff is required neither to identify a specific ethanol content in their gasoline, despite sellers' claim theory of recovery nor to set out the correct remedy or that jurisdiction lay with Corporation Commission; relief to which he, or she, may be entitled in order to claims were of a private nature because they related to defeat a motion to dismiss. the duties and obligations of the parties and the lia- bility that existed for the breach of such duties, and thus were beyond the Commission's jurisdiction. [6] Pretrial Procedure 307A 624 Const. Art. 2, § 6, Art. 9, § 18. 307A Pretrial Procedure [9] Public Utilities 317A 145.1 307AIII Dismissal 307AIII(B) Involuntary Dismissal 307AIII(B)4 Pleading, Defects In, in Gen- 317A Public Utilities eral 317AIII Public Service Commissions or Boards 307Ak623 Clear and Certain Nature of 317AIII(A) In General Insufficiency 317Ak145 Powers and Functions © 2012 Thomson Reuters. No Claim to Orig. US Gov. Works. Page 3 230 P.3d 853, 2010 OK 3 (Cite as: 230 P.3d 853) 317Ak145.1 k. In general. Most Cited [13] Statutes 361 190 Cases 361 Statutes The Corporation Commission's jurisdiction is 361VI Construction and Operation limited to those controversies where the rights of a 361VI(A) General Rules of Construction public utility and patrons are involved and it has no 361k187 Meaning of Language power or jurisdiction to adjudicate differences be- 361k190 k. Existence of ambiguity. tween private litigants or purely private matters be- Most Cited Cases tween a utility and a citizen. Const. Art. 9, § 18. Statutes 361 223.1 [10] Constitutional Law 92 1050 361 Statutes 92 Constitutional Law 361VI Construction and Operation 92VII Constitutional Rights in General 361VI(A) General Rules of Construction 92VII(A) In General 361k223 Construction with Reference to 92k1050 k. In general. Most Cited Cases Other Statutes 361k223.1 k. In general. Most Cited Elementary notions of fairness enshrined in con- Cases stitutional jurisprudence dictate that one receive fair notice not solely of the conduct that will subject him to Only where the legislative intent cannot be as- punishment but also of the severity of the penalty that certained from a statute's text, as when ambiguity or a State may impose. conflict with other statutes is shown to exist, may rules of statutory construction be invoked. [11] Statutes 361 181(1) [14] Statutes 361 205 361 Statutes 361VI Construction and Operation 361 Statutes 361VI(A) General Rules of Construction 361VI Construction and Operation 361k180 Intention of Legislature 361VI(A) General Rules of Construction 361k181 In General 361k204 Statute as a Whole, and Intrinsic 361k181(1) k. In general. Most Cited Aids to Construction Cases 361k205 k. In general. Most Cited Cases The fundamental rule of statutory construction is When possible, different provisions of a statute to ascertain and give effect to legislative intent. must be construed together to effect a harmonious whole and give intelligent effect to each. [12] Statutes 361 190 [15] Statutes 361 212.3 361 Statutes 361VI Construction and Operation 361 Statutes 361VI(A) General Rules of Construction 361VI Construction and Operation 361k187 Meaning of Language 361VI(A) General Rules of Construction 361k190 k. Existence of ambiguity. 361k212 Presumptions to Aid Construction Most Cited Cases 361k212.3 k. Unjust, absurd, or unrea- sonable consequences. Most Cited Cases If a statute is plain and unambiguous, it will not be subjected to judicial construction but will receive An absurd result cannot be presumed to have been the interpretation and effect its language dictates. intended by the drafters of a statute. © 2012 Thomson Reuters. No Claim to Orig. US Gov. Works. Page 4 230 P.3d 853, 2010 OK 3 (Cite as: 230 P.3d 853) [16] Antitrust and Trade Regulation 29T 162 361VI Construction and Operation 361VI(A) General Rules of Construction 29T Antitrust and Trade Regulation 361k223 Construction with Reference to 29TIII Statutory Unfair Trade Practices and Other Statutes Consumer Protection 361k223.1 k. In general. Most Cited 29TIII(B) Particular Practices Cases 29Tk162 k. Omissions and other failures to act in general; disclosure. Most Cited Cases More recently-enacted legislation controls over earlier provisions. Statutes 361 223.4 *854 ON WRIT OF CERTIORARI TO THE DIS- 361 Statutes TRICT COURT, POTTAWATOMIE COUNTY, 361VI Construction and Operation DOUGLAS L. COMBS, TRIAL JUDGE, TO RE- 361VI(A) General Rules of Construction VIEW A CERTIFIED INTERLOCUTORY ORDER 361k223 Construction with Reference to ¶ 0 Plaintiffs filed a putative class action against de- Other Statutes fendants urging the latter sold gasoline containing the 361k223.4 k. General and special sta- additive ethanol without disclosing to customers the tutes. Most Cited Cases ethanol content of the fuel. They brought suit based on breach of contract, breach of express and implied warranties and violation of the Oklahoma Consumer Statute governing posting requirements of gaso- Protection Act, 15 O.S. § 751 et seq. The defendants line additives applied to putative class action alleging filed a motion to dismiss the case. The District Court that fuel sellers had duty to post ethanol content of in Pottawatomie County, Douglas L. Combs, Judge, gasoline, rather than statute governing selling of gas- denied the motion and ruled (1) he had jurisdiction oline under deception as to quality or identity; statute over the cause and (2) the defendants had a duty to governing posting requirements explicitly provided disclose the ethanol content of gasoline.
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