FRBP 7008 General Rules of Pleading.


Texas Architectural Aggregate v. ACM-Texas, LLC (April 29 2010)
Issue: In its Fifth Amended Petition, TAA plead the following causes of action: (1) lack of contract/breach of contract; (2) fraud; (3) unjust enrichment; (4) accounting and damages; (5) conversion; (6) trespass; (7) tortious interference; (8) negligence; and (9) TAA asks for a declaratory judgment regarding the rights, status and legal relations under the April 2, 1999 Letter Agreement. In its Second Amended Original Answer, ACM counter-claimed: (1) breach of contract; (2) breach of mine mill site lease; (3) tortious interference with property rights; (4) wrongful eviction; (5) fradulent misrepresentation and inducement; (6) fraud by non-disclosure; (7) detrimental reliance/promissory estoppel; (8) trespass/misappropriation of business information; (9) theft; (10) trespass by TAA onto defendant‘s property; 11) theft of defendant‘s mineral property; 12) specific performance; 13) credit and or offset; 14) ACM asks the court to enjoin TAA from harming employees and equipment; and 15) ACM asks the court to enter a declaratory judgment establishing its mineral, surface, and leasehold rights at Marble Canyon.
Holding: The Court finds that the April 2, 1999 Letter Agreement is not an enforceable contract. The Court also finds that TAA‘s fraud, accounting, tortious interference, and negligence claims should be denied. As to TAA‘s unjust enrichment cause of action, the Court finds that it should be granted. In compensation for ACM‘s unjust enrichment, the Court finds that TAA is entitled to recover damages in the amount of $7,125,073.08. Further, the Court finds that TAA‘s conversion cause of action should be granted. Nevertheless, the court also finds that TAA‘s damages in relation to ACM‘s conversion are incorporated in the damages awarded for ACM‘s unjust enrichment, and TAA cannot recover additional damages for conversion. Similarly, the Court finds that TAA‘s trespass cause of action should be granted, but damages in relation to ACM‘s trespass are incorporated in the damages awarded for ACM‘s unjust enrichment, and TAA cannot recover additional damages for trespass. As to ACM‘s counterclaims, the Court finds that its breach of contract claim as to both the Letter Agreement and Mine Mill Site Lease, tortious interference, wrongful eviction, fraudulent misrepresentation and inducement, fraud by non-disclosure, trespass/misappropriation of business information, theft, trespass on defendant‘s property, and theft of defendant‘s mineral property claims should be denied. The Court also finds that ACM‘s detrimental reliance/promissory estoppel claim should be granted and that ACM is entitled to recover $75,000 from TAA as reliance damages. The Court finds that all other relief requested by the parties should be denied.