Motion to Dismiss: Statute of Frauds

[Caption]

MOTION TO DISMISS

Defendant [Name], by and through [his/her] attorney [Name], moves this court to dismiss plaintiff [Name]’s complaint pursuant to 735 ILCS 5/2-619(a)(7), for the following reasons:

1. Plaintiff [Name] filed a complaint against defendant [Name], as president of ABC Bank, alleging that [he/she] breached an employment contract [he/she] had with the ABC Bank.

2. Plaintiff contends that [he/she] has an employment contract, the duration of which is from [Date] to [Date]. Plaintiff attached the contract to [his/her] complaint; however, it was not signed by defendant, [Name], or any other authorized agent of the bank.

3. On [Date], plaintiff was terminated by defendant, [Name]. (Ct.I, par. 3) Plaintiff filed [his/her] complaint against defendant on [Date].

4. Under the Statue of Frauds, any contract that cannot be performed within a year is unenforceable unless “the promise or agreement,. . . shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.”(Statute of Frauds, 740 ILCS 80/1)

5. There is no question that the contract...