The defendants moved to strike certain paragraphs of the plaintiff's fresh as amended statement of claim on the basis that they pleaded evidence rather than material facts, contrary to Rules 25.06(1) and (7).
The plaintiff had previously noted the defendants in default, but consented to setting this aside at the hearing.
The court allowed paragraphs detailing the defendant professor's qualifications to stand, as they were material to the plaintiff's claim of reasonable reliance.
However, the court struck paragraphs detailing the professor's writings and specific correspondence between the parties, finding they constituted evidence rather than material facts.
The defendants were granted leave to amend the struck paragraphs.
