The defendants brought a motion under Rule 21.01(1)(b) and (d) of the Rules of Civil Procedure seeking to strike the claim against an individual pastor on the basis that the statement of claim disclosed no reasonable cause of action against him personally.
The action alleged that a church-operated homeschooling program misrepresented its educational status, causing the plaintiffs' child to lose years of recognized schooling.
The moving party argued that the individual pastor acted only within his corporate capacity and could not be personally liable.
The court held that, reading the pleadings generously and assuming the facts to be true, the claim alleged potential independent tortious conduct and a fiduciary relationship between the pastor and the plaintiffs.
It was therefore not plain and obvious that the claim against the individual disclosed no reasonable cause of action.
