The defendants brought a motion to strike the plaintiff's statement of claim under Rule 21.01(1)(b), arguing it disclosed no reasonable cause of action in contract, negligence, or negligent misrepresentation, and that it was statute-barred.
The plaintiff alleged the defendants, operating under an unregistered business name, defectively designed and installed a geothermal energy system.
The court held that the plaintiff properly pleaded a contract based on a proposal document and that the negligence claims were viable.
The court also found it was not plain and obvious that the limitation period had expired, as the plaintiff pleaded it discovered the damage within the two-year period.
The motion was dismissed.
