The plaintiffs sued their insurer and an auto body shop over defective repairs to their vehicle following an accident, claiming damages for the repair costs, fraud, conspiracy, unjust enrichment, negligence, and mental distress, along with 22% interest.
The insurer brought a motion to set aside a noting in default, strike all non-contractual claims, and transfer the action to Small Claims Court.
The court set aside the noting in default and struck the claims for fraud, conspiracy, unjust enrichment, negligence, mental distress, and 22% interest, finding the plaintiffs failed to plead the necessary material facts to support these causes of action.
The court granted the plaintiffs leave to amend their pleadings on strict terms but declined to transfer the action to Small Claims Court to avoid the risk of inconsistent findings with the ongoing Superior Court action against the auto body shop.
