Blue Supply Corp. v. Novos Electro Mechanical, Inc.

I respectfully dissent. We should reverse the dismissal order.

Count IV of the second amended complaint is the claim for fraud in the inducement. Since the plaintiff has conceded that defendant Carlos Novos is not a party to the contract,* we must disregard that part of Count IV which alleges that Mr. Novos is a contracting party.

After disregarding that allegation, Count IV states:

38.The Plaintiff entered into the contract reasonably relying on the allegations, specifically that the company was properly licensed, made by the Defendant, Carlos Novos in his individual capacity.

39. After entering…