7 Mass. App. Ct. 880 | Mass. App. Ct. | 1979
We conclude that the judge acted properly in dismissing the plaintiff’s amended complaint.
The record reveals that the plaintiff put before the judge several documents and records (a number attached to the complaint itself as "exhibits”) in an effort to persuade him that the murky and somewhat unintelligible complaint stated a claim or claims. A consideration of the complaint, the exhibits attached to it, and the other documents and records confirms the judge’s conclusion that the complaint was deficient in several material respects. The first count attempts to state a claim for malicious prosecution and abuse of process against three
The second count attempting to state a claim for civil conspiracy fares no better. The claim it asserts is by its terms inextricably connected with the claim proposed in the first count. Since the first count fails, the second count of necessity must also fail. Even if considered apart from the claims in the first count, the allegations in the second count are totally insufficient to charge the defendants with having committed the tort of conspiracy. See Willett v. Herrick, 242 Mass. 471, 477-478 (1922); DesLauries v. Shea, 300 Mass. 30, 33-34 (1938); Comerford v. Meier, 302 Mass. 398, 401 (1939).
The over-all futility of the pleading is characterized in the plaintiffs brief, which asks that if "the present action cannot be fitted into any existing tort action,” the court permit relief by recognizing a "new and nameless” tort. The complaint could not be considered appropriate for further amendment (see and compare Balsavich v. Teamsters Local 170, 371 Mass. 283, 287-288 [1976]) and was rightly dismissed.
Judgment affirmed.