Piacentini V. Bogdanovich

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STATE OF MAINE CUMBERLAND, ss. SUPERIOR COURT CIVIL ACTION DOCKETNO: CV-~-~6 ,~ d:;C('' n ' I ~~~: Its~ ~~~~ I,; \l \ " I I \ '··[ 1' 1 ORDER Defendant Plaintiff Chris Piacentini, in his capacity as personal representative, moves to dismiss defendant Lucy Bogdanovich's third-party complaint alleging unjust enrichment. 1 "A motion to dismiss pursuant to M.R. Civ. P. 12(b)(6) tests the legal sufficiency of the complaint." New Orleans Tanker Corp. v. DOT, 1999 ME 67, <JI 3, 728 A.2d 673. The court reviews the complaint "in the light most favorable to the plaintiff to determine whether it sets forth elements of a cause of action or alleges facts that would entitle the plaintiff to relief pursuant to some'"" legal theory." Moody v. State Liquor & Lottery Comm'n, 2004 ME 20, <JI 7, 843 A.2d 43. Piacentini rests his motion on the statute of limitations under the Probate Code, which bars "all claims against a decedent's estate which arose before the death of the decedent ... whether ... founded on contract, tort, or other legal basis" unless the creditor files the claim within four months of receiving actual notice. 18-A M.R.S. § 3-803(a) (2010); see also 18-A M.R.S. § 3-801(b) (2010). Here, it is uncontested that actual notice was provided on March 3, 2010. Therefore, all 1 Bogdanovich originally filed a two-count counterclaim and a two-count thirdparty claim. She conceded the dismissal of the three counts not discussed here. 1 claims are barred after July 3, 2010, but the third-party complaint was not filed until June 1, 2011. on events tJlat atose before the def;~dent's de a ·<; ; ,:, claim even because it is bas~d irt'~quity and this sta~te'dpes not bar equit}{'clai~s; While -~ --- ,,_'-unjustenrichmel1t is based-in equity, the claim is still-subject to,the limitationsc~t~forth in section 3-803(a) of the Probate Code. See A.F.A.B., Inc. v. Town of Old Orchard Beach, 639 A.2d 103, n.3 (Me. 1994) (noting that unjust enrichment is based in equity). She relies on the phrase "other legal basis" to exclude equity claims from the statute, but the term "claims" in the Probate Code includes "liability of the decedent or protected person whether arising in contract, in tort or otherwise." 18-A M.R.S. § 1-201(4) (2010). Therefore, "claims" encompasses claims brought both in equity and in law. Applying this definition to section 3803(a), it is clear that equity claims are time-barred after four months, just as legal claims are barred. The entry is: Piacentini's motion to dismiss the counterclaim ancYthird-party complaint / d , i f ,1MI,A z1 2-0 If 1:.1/! /~/1 are grante . DATE: ,// ~- m~ ;--P'-"---Y.,--________ t\ v 2 Roland A. Cole Justi~e, Superior Court ------- STATE OF MAINE CUMBERLAND, ss. SUPERIOR COURT CIVIL ACTION DOCKET NO: CV-11-166 ¥:, J?laintiff, · v ... ···~~~-~.~,,LUG¥ ¢',, BOGDAN0VICH, Defendant Plaintiff Chris Piacentini, in his capacity as personal representative, moves . _ to dismiss defendant Lucy Bogdanovich' s third-pa~mplaint alleging unjust --?.:;~ 1 enrichment. "A motion to dismiss pursuant to M.R. Civ. P. 12(b)(6) tests the legal sufficiency of the complaint." New Orleans Tanker Corp. v. DOT, 1999 ME 67, 'li 3, 728 A.2d 673. The court reviews the complaint"in the light most favorable to the plaintiff to determine whether it sets forth elements of a cause of action or alleges facts that would entitle the plainti..; 1c _relief pursuant to some legal theory." Moody v. State Liquor & Lottery Comm'n, 2004 ME 20, 'li 7, 843 A.2d 43. Piacentini rests his motion on the statute of li~lations under the Probate Code, which bars "all claims against a decedent's estate which arose before the death of the decedent ... whether ... founded on contract, tort, or other legal basis" unless the creditor files the claim within four months of receiving actual notice. 18-A M.R.S. § 3-803(a) (2010); see also 18-A M.R.S. § 3-801(b) (2010). Here, it is uncontested that actual notice was provided on March 3, 2010. Therefore, all 1 Bogdanovich originally filed a two-count counterclaim and a two-count thirdparty claim. She conceded the dismissal of the three counts not discussed here. 1 ----~-- claims are barred after July 3, 2010, but the third-party complaint was not filed until June 1, 2011 . . _;,;;.A~Jwm even thougi-4it,ts, b.ased on . events th~~ ~rose " -:-~ :~~-~~:-~ '. . .. ' . ·gecause it is based;ir\eqyity and this statu,te 'do~s not bar equity c~rum.s_: While ~~---'"unjustenrichment~isbased . tHe limitations set~~· ---- · --"'-- ""--·"r--·-- in-equity, the claim-is forth in section 3-803(a) of the Probate Code. See A.F.A.B., Inc. v. Town of Old Orchard Beach, 639 A.2d 103, n.3 (Me. 1994) (noting ili~~ust enrichment is -~ --:~iti:::d.-:;~- based in equity). She relies on the phrase "other legal b~~is" to exclude equity e Code includes . cl9-ims from the statute, but the term "claims" in the "liability of the decedent or protected person whether arising in contract, in tort or otherwise." 18-A M.R.S. § 1-201(4) (2010). Therefore, "claims" encompasses claims brought both in equity and in law. Applying this~definition to section 3803(a), it is clear that equity claims are time-barred aftehfour months, just as legal claims are barred. The entry is: Piacentini's motion to dismiss the counterclaim an .;(,'_-"~ are granted. ird-party complaint / l. Ulll DATE: · Rolazyd A. Cole Justite, Superior Court 2 --- CHRIS PIACENTINI VS LUCY BOGDANOVICH UTN:AOCSsr -2011-0034559 CASE #:PORSC-CV-2011-00166 01 0000008357 ~C~LO~U~T~I~E~R~,~T~E~R~E~S~A~M~-----------------------------------477 CONGRESS STREET 14TH FLOOR PO BOX 15215 PORTLAND ME 04112-5215 F CHRIS PIACENTINI PL RTND 04/13/2011 02 0000002967 ~F~RA~N~C~O~~MA~R~K~-----------------------------------------THREE CANAL PLAZA PO BOX 4630 PORTLAND ME 04112-4630 F LUCY BOGDANOVICH _D~E~F--------~R-T_N~D--~0_6_/~0_1_/_2_0_1_1

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