Keely
Keely v. Skylab Apps, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 9 HEATHER HOLLANDER KEELY, Case No.: 19-CV-2078-CAB-KSC STEVE WOLF, and BRITTANY
DOSTER, ORDER DENYING MOTION TO
DISMISS AMENDED Plaintiffs,
COUNTERCLAIM
13 v. 14 SKYLAB APPS, INC. et al, 15 Defendants. [Doc. No. 16]
AND RELATED COUNTERCLAIMS
17 18 On January 20, 2020, Defendants Skylab Apps, Inc. (“Skylab”) and Dean Grey filed and answer and first amended counterclaim that asserted three claims against Plaintiffs: (1) breach of contract; (2) intentional interference with prospective economic advantage; and (3) defamation. On February 3, 2020, Plaintiffs filed a four page motion to dismiss all three counterclaims or for a more definite statement. The only argument in support of the motion is that the counterclaim does not comply with Federal Rule of Civil Procedure 9(g) because it does not state special damages with specificity. Along these lines, Plaintiffs argue that a cause of action for trade libel requires pleading special…