American Heritage Banco, Inc. v. McNaughton

OPINION

ROBB, Judge.

Case Summary and Issue

American Heritage Banco, Inc., (“AHB”) appeals the trial court’s partial dismissal of its claims against Fremont Plastics, Inc., and Lyndon Tucker, contending the trial court erred in determining that AHB had failed to state a claim upon which relief could be granted. Concluding that the trial court properly dismissed AHB’s claims for fraud and civil conspiracy to commit fraud, but improperly dismissed AHB’s claim for treble damages, we affirm in part and reverse in part.

Facts and Procedural History

The First National Bank of Fremont (“FNBF”) was a…