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Keywords:

motion to dismiss,memorandum,in support of,common law fraud,conversion,aiding and abetting common law fraud,negligent misrepresentation,civil conspiracy,RICO,pattern of unlawful activity,violation of the Utah Exchange Act,breach of fiduciary duty,aiding and abetting breach of fiduciary duty,breach of contract,breach of guarantee,breach of covenant of good faith and fair dealing,breach of duty to account

Description:

This is a memorandum is support of a motion to dismiss the claims against one of the defendants in a complex federal lawsuit filed against the guarantor of a $1 million dollar loan who refused to pay it after the principal defaulted. It seeks $40 million in damages, and alleges the following causes of action: common law fraud, conversion, aiding and abetting common law fraud, negligent misrepresentation, civil conspiracy, RICO, pattern of unlawful activity, violation of the Utah Exchange Act, breach of fiduciary duty, aiding and abetting breach of fiduciary duty, breach of contract, breach of guarantee, breach of covenant of good faith and fair dealing, and breach of duty to account. The answer filed against this complaint is also archived here on the Opticon, as is the complaint. as are the motions to dismiss by the defendant. It is in PDF format, and is 26 pages.