Typical basic motions to dismiss usually fall into these main categories:
1. This isn't the right court (jurisdiction)
2. We're not the right parties (standing/jurisdiction)
3. It's too late (statute of limitations)
4. No law has been broken (failure to state claim)
5. Nobody was really harmed (failure to state claim)
Typically it's numbers 4 and 5 that would matter for a frivolous lawsuit. If you want to see what that kind of lawsuit and a successful motion to dismiss look like here's a good example:
1. This isn't the right court (jurisdiction)
2. We're not the right parties (standing/jurisdiction)
3. It's too late (statute of limitations)
4. No law has been broken (failure to state claim)
5. Nobody was really harmed (failure to state claim)
Typically it's numbers 4 and 5 that would matter for a frivolous lawsuit. If you want to see what that kind of lawsuit and a successful motion to dismiss look like here's a good example:
https://cases.justia.com/new-york/other-courts/2013-ny-slip-...