Quote:
Originally Posted by HarryKane09
1. They say they know who the co-conspirator is, a person who is apparently not Kuraitis, and they sent a litigation hold letter to that person although they aren't ready to name him or her. Interesting.
2. There are a few causes of action here that are vulnerable to defense attacks.
For instance, to allege fraud, you have to allege specific statements that Postle made that the other poker players relied on in deciding to enter the game. This isn't close to being properly alleged here. (On the other hand, the fraud claim based on the phony internal investigation may be actionable.)
Similarly, you can't make a negligent misrepresentation claim based on what the Commentators said- nobody was relying on the Commentators' statements in deciding whether to enter the game.
3. Why didn't they plead conversion? Statutory negligence based on the California cheating statute?
This complaint could have been a little better with a few days work. I wonder if they just wanted to get in as soon as possible without really filing the best papers they could, and will seek to amend it later.