~68.) Advocate moves to dismiss the Complaint pursuant to 735 JLCS 5/2-619(aX9) and 735 ILCS 5/2-615, asserting both lack of standing to brings the claims alleged in the Complaint and failure to state a claim upon which relief may be granted. Discussion I. Standing Section 2·619(a)(9) permits involuntary dismissal where "the claim asserted against defendant is barred by other affirmative matter avoiding the legal effect of or defeating the claim."

~68.) Advocate moves to dismiss the Complaint pursuant to 735 JLCS 5/2-619(aX9) and 735 ILCS 5/2-615, asserting both lack of standing to brings the claims alleged in the Complaint and failure to state a claim upon which relief may be granted. Discussion I. Standing Section 2·619(a)(9) permits involuntary dismissal where "the claim asserted against defendant is barred by other affirmative matter avoiding the legal effect of or defeating the claim."

¶ 40.) The ISPs, among other things, challenged on grounds only available to parties to litigation, such as lack of personal jurisdiction, improper joinder, Case 3:12-cv-00889-GPM-SCW Document 40 Filed 10/01/12 Page 3 of 23 Page ID #2085 4 challenges to the sufficiency of factual allegations in the Complaint under 735 ILCS 5/2-615, and other arguments that are available only to litigants to make. (Id.

¶ 40.) The ISPs, among other things, challenged on grounds only available to parties to litigation, such as lack of personal jurisdiction, improper joinder, Case 3:12-cv-00889-GPM-SCW Document 39 Filed 10/01/12 Page 3 of 24 Page ID #2061 4 challenges to the sufficiency of factual allegations in the Complaint under 735 ILCS 5/2-615, and other arguments that are available only to litigants to make. (Id.

In the event that a pleading contains a misstatement, the Illinois Code of Civil Procedure already provides a remedy. See 735 ILCS 5/2-615 and 619 (motions to dismiss), 735 ILCS 5/2- 602 (a denial in an answer) and Illinois Supreme Court Rule 137 (sanctions). Plaintiff could have used the appropriate state court procedure to properly address the purported inaccurate Case: 1:07-cv-00824 Document #: 13 Filed: 05/07/07 Page 7 of 15 PageID #:29 8 6185832v1 875082 identification of the charged off as principal.