Legal Opinion

Genesis Capital Ventures, LLC v. Restore With Apex, Inc.

District Court, D. Colorado

Decided October 18, 2017No. Civil Case No. 17–cv–00711–LTBPublishedCited by 2 opinions

1Opinion of the Court

LEWIS T. BABCOCK, DISTRICT COURT JUDGE

This contract dispute is before me on a motion to dismiss by Defendants Restore With Apex, Inc. ("Apex") and its CEO Gregory Driver. Mr. Driver moves to dismiss several of the claims against him under Rule 12(b)(6) of the Federal Rules of Civil Procedure, arguing that he is not a party to the contract, that he did not personally guarantee Apex's performance, and that the claims violate Colorado's statute of frauds and its parol evidence rule. Both Apex and Mr. Driver move to dismiss the fraud in the inducement claim under Rule 12(b)(6), arguing it is…

2Cases cited15 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Gee v. PachecoCourt of Appeals for the Tenth Circuit · 2010
  4. Dias v. City and County of DenverCourt of Appeals for the Tenth Circuit · 2009
  5. United States v. Regence Bluecross Blueshield Of UtahCourt of Appeals for the Tenth Circuit · 2006

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3Cited by2 opinions

  1. Bo v. TangDistrict Court, E.D. Virginia · 2023
  2. Ultegra Financial Partners, Inc. v. MarzolfDistrict Court, D. Colorado · 2020

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