Facts

Agape Family Worship Center Inc. filed a complaint against Donald Gridiron and Western States Golf Association in connection with an alleged theft of almost $5 million in funds.

PLAINTIFF'S CONTENTIONS:
Defendant Gridiron was Agape's accountant. He allegedly stole nearly $5 million from Agape between 2007 and 2014. Plaintiff claimed that Gridiron was, at that time, defendant Western's accountant, and treasurer, and that Gridiron "funneled" about $1.9 billion of the money stolen from Agape through Western. As such, plaintiffs sought the return of the money stolen and asserted claims of breach of fiduciary duty and fraud against Gridiron and negligence against Western. Agape also asserted claims for conversion, money had and received, unjust enrichment, and receipt of stolen property against both defendants.

DEFENDANTS' CONTENTIONS:
Western moved to dismiss and to strike portions of plaintiff's complaint. Plaintiff allegedly failed to state a cognizable claim for relief. Western moved to dismiss all claims against it, including plaintiff's claims for vicarious liability, negligence, conversion, money had and received, and receipt of stolen property. Western moved to strike plaintiff's claims relating to punitive damages.

Result

The district court granted in part and denied in part Western States Golf Association's motion to dismiss. The negligence, unjust enrichment and punitive damages claims were dismissed with leave to amend. All other causes of action, vicarious liability, civil theft/conversion, money had and received, and receipt of stolen property, were not dismissed.

Other Information

FILING DATE: July 22, 2015.