Opinion
No. CV 06-5003830S
February 6, 2007
MEMORANDUM OF DECISION ON MOTION TO STRIKE (102)
The defendant, Humana Marketpoint, Inc., seeks to strike from the plaintiff's complaint, the plaintiff's claim for relief seeking double damages and attorneys fees in accordance with 31-72 of the General Statutes. It claims that the facts alleged in the second count of the plaintiff's complaint are insufficient to support such a prayer for relief because there are no factual allegations that the defendant acted in bad faith, arbitrarily or unreasonably. with regard to the failure to pay wages. The plaintiff relies upon the case of D'Aquila v. Envtl. Sys. Products, Inc., CV93 0455259, 1993 WL498756.
In Sansone v. Clifford, 219 Conn. 217, 229 (1991), the Supreme Court has held that double damages and attorneys fees were inappropriate in the absence of evidence of an employer's "bad faith, arbitrariness or unreasonableness."
The court notes that under Practice Book Section 10-1, that pleadings must contain "a plan and concise statement of the material facts on which the pleader relies."
The plaintiff's complaint, second count, is devoid of any allegation that the defendant, Humana Marketpoint, Inc. acted in bad faith, arbitrarily or unreasonably.
The court finds the reasoning of the D'Aquila case, as well as the Practice Book's requirement of fact pleading to be persuasive.
The Motion to Strike is granted.