Brief Fact Summary. Plaintiff, Bower, brought seven claims against Defendant, Weisman stemming from his alleged breached agreements and subsequent conduct. Defendant responded with a series of procedural motions attacking each claim.
Synopsis of Rule of Law. A complaint needs to specifically define which defendant is the subject of each claim, and any claims that lack the factual allegations to satisfy each element will be dismissed.
The first issue is whether Defendants motion per Federal Rule of Civil Procedure 12(e) that the complaint was lacking a definite statement should be granted.
The second issue is whether Defendant’s Fed. R. Civ. P. 9(b) motion to dismiss for failure to state fraud with particularity should be granted.
The third issue is whether any of the claims should be dismissed for a failure to state a claim upon which relief can be granted.
Defendant’s motion for a more definite statement was granted because Plaintiff’s complaint did not specify which Defendant she was referring to in each of the claims.
Defendant’s 9(b) motion should be granted and therefore Plaintiff’s fraud claims are dismissed with leave to replead. For claims of fraud, Plaintiff is normally required to state the time, place and content of the fraud and the nature of the reliance on the fraud. Plaintiff did not offer this information.
The court would not dismiss any part of the complaint for failure to state a claim unless it is beyond doubt that Plaintiff can not prove the facts to support a claim. With this in mind, the court went through the elements of each claim, and the claims that had facts to satisfy all of the elements were allowed. The court then dismissed the false imprisonment and private nuisance claims.
A Rule 12(e) motion should not be granted unless the complaint is so excessively vague and ambiguous as to be unintelligible and as to prejudice the defendant seriously in attempting to answer it.View Full Point of Law