QC Communications Inc. v. Quartarone, et al.
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COURT OF CHANCERY OF THE STATE OF DELAWARE SAM GLASSCOCK III VICE CHANCELLOR COURT OF CHANCERY COURTHOUSE 34 THE CIRCLE GEORGETOWN, DELAWARE 19947 May 14, 2013 Barry M. Klayman COZEN O CONNOR 1201 North Market Street, Suite 1001 Wilmington, Delaware 19801 Re: Perry F. Goldlust PERRY F. GOLDLUST, P.A. 702 King Street, Suite 600 P.O. Box 1675 Wilmington, Delaware 19899-1675 QC Communications Inc. v. Quartarone, et al. Civil Action No. 8218-VCG Date Submitted: May 14, 2013 Dear Counsel: This matter is before me on the Motion of the Defendants, Anthony J. Quartarone and Q Media, Inc., to dismiss this action for lack of equitable jurisdiction, under Court of Chancery Rule 12(b)(1). Chancery is a court of limited jurisdiction. Claimants are entitled to maintain an action in Chancery where the action is equitable in nature, where equitable relief is sought, or as otherwise provided by statute.1 The Complaint here alleges that Quartarone misused his position as a director and officer of the Plaintiff corporation to divert assets of the Plaintiff corporation, QC Communications, to himself and the Defendant corporation, Q 1 E.g. Heartland Delaware, Inc. v. Rehoboth Mall Ltd. P ship, 57 A.3d 917, 919 (Del. Ch. 2012). Media, which he controls.2 This states a claim for breach of fiduciary duty, an equitable claim perhaps the quintessential equitable claim.3 Accordingly, equitable jurisdiction exists, and the Motion of the Defendants is denied. To the extent the forgoing requires an order to take effect, IT IS SO ORDERED. Sincerely, /s/ Sam Glasscock III Sam Glasscock III 2 Compl. ΒΆΒΆ 12, 21-27. E.g. McMahon v. New Castle Assoc., 532 A.2d 601, 604 (Del. Ch. 1987) ( Chancery takes jurisdiction over fiduciary relationships because equity, not law, is the source of the right asserted. ). 3 2
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