The defendants moved to strike a second Superior Court action arising from a real estate transaction that had already generated a small claims proceeding, an earlier Superior Court action, and a settlement.
The plaintiff alleged deceit, conspiracy, bad faith conduct, and fraudulent or negligent misrepresentation in relation to the settlement, including against opposing counsel and insurance adjusters.
The court held the pleading contained a complete absence of material facts, failed to plead the constituent elements of the asserted torts, and impermissibly attempted a collateral attack on prior proceedings.
Although strict res judicata did not apply because the causes of action and parties were not identical, the action was found to be scandalous, frivolous, vexatious, and an abuse of process, and was struck without leave to amend.
