Taylor v. Wachovia Sec. Inc.
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Taylor v. Wachovia Securities Inc., CV-09-368 (Superior Ct. Cumberland( The court has reviewed defendant's motion to dismiss and plaintiff's opposition to that motion. Plaintiff acknowledges that Count I of the complaint (negligence) should be dismissed. He contends, however, that count II of the complaint (breach of contract) surVIves. For purposes of a motion to dismiss, the material allegations of the complaint must be taken as admitted. The complaint must be read in the light most favorable to the plaintiff to determine if it sets forth elements of a cause of action or alleges facts that would entitle plaintiff to relief pursuant to some legal theory. A claim shall only be dismissed when it appears beyond doubt that a plaintiff is not entitled to relief under any set of facts that he might prove in support of his claim. In re Wage Payment Litigation, 2000 ME 162 err 3, 759 A.2d 217, 220. Under that standard, count II of the complaint states a cognizable claim for breach of a contractual obligation owed to a third party beneficiary. The entry shall be: Defendant's motion to dismiss is granted as to count I of the complaint and is denied as to count II of the complaint. The Oerk is directed to incorporate this order in the docket by reference pursuant to Rule 79(a). Dated: December IL, 2009 --./J-------C..Thomas D. Warren Justice, Superior Court _ ~A~~ A - A~~UKN~Y ~Y LAb~ v~~w GEORGE M TAYLOR VS WACHOVIA UTN:AOCSsr -2009-0066759 CASE #:PORSC-CV-2009-00368 04 0000008465 HANSEL, GREGORY P ONE CITY CENTER PO BOX 9546 PORTLAND ME 04112-9546 F WACHOVIA SECURITIES LLC DEF 05 OOOOOOOOVI F - RTND 08/07/2009 RTND 09/15/2009 RTND 08/07/2009 ATTORNEY, VISITING WACHOVIA SECURITIES LLC DEF 06 0000004332 CARVER, JOSHUA R ONE CITY CENTER PO BOX 9546 PORTLAND ME 04112-9546 F WACHOVIA SECURITIES LLC DEF . j\. 17~VK17~ 1"1 '!'AY LVK UTN:AOCSsr V::; WACliVV.LA -2009-0066759 CASE #:PORSC-CV-2009-00368 01 0000003895 NORTON, - - _ . .TIMOTHY - _ - - - - - - - - - - - - - - - - - - - - - - :.... 53 EXCHANGE ST PO BOX 597 PORTLAND ME 04112-0597 F GEORGE M TAYLOR PL RTND 06/22/2009 ~------;;';""-~";"";""'-'--':"";"';;" W/DRWN 09104/2009 02 0000000299 STEVENS, GRAYDON 53 EXCHANGE ST PO BOX 597 PORTLAND ME 04112-0597 F GEORGE M TAYLOR PL RTND 09104/2009 ZIMMERMAN, BARRY 03 0000000297 53 EXCHANGE ST PO BOX 597 PORTLAND ME 04112-0597 PL F GEORGE M TAYLOR RTND 06/22/2009
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