Judge tosses two claims, allows fraud claim to move forward.
The judge overseeing Monte Cahn vs. Oversee.net has handed down a mixed bag to both parties in his latest ruling.
The Honorable Stephen V. Wilson dismissed two of Monte Cahn’s claims against his former employer while denying a motion to dismiss a fraud claim and strike a prayer for punitive damages.
Oversee.net argued that Cahn’s fifth claim for fraud by Oversee.net was merely a restatement of an earlier insufficient claim that was dismissed. But the judge ruled that Cahn added enough specificity to the claim to make it a valid claim.
The judge also denied Oversee.net’s motion to strike the Prayer for Punitive Damages based on the fraud claim.
However, Wilson dismissed two claims for conversion with prejudice. The judge had previously dismissed such claims but allowed Cahn to plead them again. These are now off the table.
The judge’s refusal to dismiss the fraud claim and strike punitive damages is a victory for Cahn, and the claim for fraud seemed to be a bigger issue than the conversion claims.
A judge trial for Cahn’s first claim for breach of contract is scheduled for January 17.