Genesis Capital Ventures, LLC v. Restore With Apex, Inc.
District Court, D. Colorado
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…
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