The defendants brought a motion under Rules 21.01(1)(b), 25.06, and 25.11 of the Rules of Civil Procedure to strike the plaintiffs’ statement of claim alleging breach of contract, breach of fiduciary duty, fraud, fraudulent misrepresentation, conversion, conspiracy, unjust enrichment, and breach of trust.
The court held that most claims were inadequately pleaded and failed to disclose material facts necessary to establish the alleged causes of action, particularly against the individual defendants as directing minds of corporate entities.
Claims for fraud, misrepresentation, conspiracy, conversion, and unjust enrichment were struck for failure to plead material facts, and allegations supporting piercing the corporate veil were also insufficient.
The only potentially viable claims were breach of contract against one corporate defendant and breach of a written trust agreement regarding certain land.
The entire claim was struck with leave granted to file a further amended pleading limited to those causes of action.
