The moving party, Eacom Timber Corporation, brought a motion to strike a counterclaim against it on the basis that it disclosed no reasonable cause of action.
The responding parties sought contribution and indemnity from Eacom for amounts they might owe under equipment leases, alleging Eacom wrongfully terminated a related contract.
The court found no reasonable cause of action because there was no tort alleged and no contractual provision requiring Eacom to indemnify the responding parties.
The court struck the counterclaim and denied leave to amend, noting the responding parties had already claimed the same damages in a separate outstanding action against Eacom.
