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Z-Space, Inc. Et Al.v.Dantannas Cnn Center, Llc

CourtCourt of Appeals of Georgia
Docket No.A18A1558
DecidedMarch 7, 2019
Reporter291 Ga. 227
JudgesCourt of Appeals of Georgia
Tags
CivilCivil ProcedureFraudStatutory InterpretationRemandReversal
Case Summary

Dantanna’s CNN Center obtained a judgment against Z-Space and related defendants after a contract dispute over construction of a restaurant. Dantanna’s later suit alleged that the defendants fraudulently concealed or transferred assets to avoid paying that judgment. The trial court denied motions to dismiss, for judgment on the pleadings, and for a more definite statement. The Court of Appeals held that the account-stated and unjust-enrichment claim and the civil RICO claim predicated on theft should have been dismissed. It also held that the complaint could proceed on mail and wire fraud as a RICO predicate, and on claims for fraudulent conveyance, fraudulent sale, and fraudulent attempt to avoid judgment, but that those claims required more detail. The court therefore affirmed the denial of dismissal for the latter claims, vacated the denial of a more definite statement, and remanded with instructions to require a clearer pleading. The decision illustrates the different treatment of legally insufficient claims and claims that may be viable but are pleaded too generally.

Opinion

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Z-Space, Inc. Et Al. V. Dantannas Cnn Center, Llc — The Atlanta Gleaner