Multi-State Restoration, Inc. v. DWS Properties, LLC.
2013 R.I. LEXIS 4
| R.I. | 2013Background
- DWS Properties, LLC owns 25 Andem Street, Providence, RI, and its property was insured by RIJRA.
- Multi-State Restoration, Inc. and Performance Adjusting Public Insurance Adjusters, LLC contracted to provide remediation and public adjusting services after a December 23, 2009 sewer pipe rupture.
- RIJRA settled the loss for $5,852 (lost rent) and $62,311.66 (cleanup/restoration).
- Shore (DWS’s sole member) filed for personal bankruptcy; plaintiffs’ debts were discharged in bankruptcy court.
- Plaintiffs sued DWS in Superior Court for book account, breach of contract, quasi-contract, and unjust enrichment.
- The Superior Court granted DWS’s Rule 12(b)(6) motion to dismiss, relying on contracts naming Shore as customer and excluding extrinsic materials.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether dismissal was proper where DWS was not party to the contracts | Shore signed contracts individually; DWS not liable. | DWS not party to contracts; no relief against DWS. | Dismissal improper; genuine issues of fact exist. |
| Whether extrinsic materials converted the Rule 12(b)(6) motion to summary judgment | Only four corners of complaint may be considered; invoices referenced by complaint support claims. | Extrinsic contracts and bankruptcy docs show no contract with DWS. | Conversion occurred; summary judgment inappropriate; de novo review required. |
| Whether equitable claims (quasi-contract and unjust enrichment) survive | Equitable claims not precluded by mechanics’ lien statute. | No viable equity claims due to contract naming Shore only. | Equitable claims should not have been dismissed; mechanics’ liens do not bar them. |
Key Cases Cited
- Laurence v. Sollitto, 788 A.2d 455 (R.I. 2002) (motion to dismiss tests sufficiency of complaint)
- Bernasconi, 557 A.2d 1232 (R.I. 1989) (summarizes standard for Rule 12(b)(6) dismissal)
- O’Connor v. McKanna, 359 A.2d 350 (R.I. 1976) (summary judgment requires no genuine issues of material fact)
- Bowen Court Associates v. Ernst & Young, LLP, 818 A.2d 721 (R.I. 2003) (invoices attached to complaint deemed incorporated)
- DeSantis v. Prelle, 891 A.2d 873 (R.I. 2006) (de novo review when Rule 12(b)(6) converted to summary judgment)
- Wickes Asset Management, Inc. v. Dupuis, 679 A.2d 314 (R.I. 1996) (Mechanics’ Liens statute may coexist with other remedies)