The moving defendants brought a motion under Rule 21.01(1)(b) of the Rules of Civil Procedure to strike portions of a statement of claim alleging defamation, fraud, conspiracy, and related misconduct arising from an alleged advance fee loan scam.
The court found that the pleadings failed to set out the essential elements of defamation, including the attribution of specific defamatory words to the moving defendants.
Although the pleading was deficient and did not comply with Rule 25.06 requirements for material facts, the court held it was not plain and obvious that the defect could not be cured by amendment.
Leave to amend was therefore granted within 30 days.
The court declined to make further orders regarding corporate representation but invited written submissions on costs.
