Brief Fact Summary. Gillispie (Plaintiff) filed a complaint against certain defendants and the Goodyear Service Stores (Defendants), alleging that the Defendants assaulted the Plaintiff and humiliated and embarrassed her by subjecting her to public scorn and ridicule. The trial court sustained Defendants’ demurrers and the Plaintiff appeals.
Synopsis of Rule of Law. A complaint must allege material, essential and ultimate facts upon which Plaintiff’s right of action is based.
Issue. Does Plaintiff’s complaint state sufficient facts to constitute a cause of action?
Held. No. Judgment affirmed and Plaintiff may file an amended complaint and therein allege facts upon which she based her right to recover. The Plaintiff’s complaint does not state facts sufficient to constitute any cause of action. A complaint must contain plain and concise statements of the facts constituting the cause of action. Further, the complaint must provide the Defendant with notice to show the legal duty and violation thereof. When a complaint is merely conclusory it fails to state a cause of action and is dismissible. In the instant case, the complaint states no facts upon which legal conclusions were made. Specifically, the complaint fails to state what occurred, when it occurred, where it occurred and who did what.
The cardinal requirement of this statute is that the facts constituting a cause of action, rather than the conclusions of the pleader, must be set out in the complaint, so as to disclose the issuable facts determinative of the plaintiff's right to relief.View Full Point of Law