Opinion
CV136035009S
04-13-2016
Gordon MacCalla et al. v. American Medical Response
UNPUBLISHED OPINION
MEMORANDUM OF DECISION MOTION TO STRIKE #116
Brian T. Fischer, J.
The defendant requests the court to strike the plaintiff's claim of wrongful discharge for failure to state a claim upon which relief can be granted. The plaintiff opposes this motion and argument was heard on February 8, 2016.
DISCUSSION
" [A] motion to strike challenges the legal sufficiency of a pleading and, consequently, requires no factual findings by the trial court . . . [The court] construe[s] the complaint in the manner most favorable to sustaining its legal sufficiency . . . Thus, [i]f facts provable in the complaint would support a cause of action, the motion to strike must be denied." (Internal quotation marks omitted.) Cappola Construction Co. v. Hoffman Enterprises Ltd. Partnership, 309 Conn. 342, 350, 71 A.3d 480 (2013). " Moreover, [the court notes] that [w]hat is necessarily implied [in an allegation] need not be expressly alleged . . . [P]leadings must be construed broadly and realistically, rather than narrowly and technically." (Internal quotation marks omitted.) Connecticut Coalition for Justice in Education Funding, Inc. v. Rell, 295 Conn. 240, 252-53, 990 A.2d 206 (2010). " A motion to strike is properly granted if the complaint alleges mere conclusions of law that are unsupported by the facts alleged." (Internal quotation marks omitted.) Santorso v. Bristol Hospital, 308 Conn. 338, 349, 63 A.3d 940 (2013). " In ruling on a motion to strike, the court is limited to the facts alleged in the complaint." (Internal quotation marks omitted.) Faulkner v. United Technologies Corp., 240 Conn. 576, 580, 693 A.2d 293 (1997).
Plaintiffs allege that the defendant discharged them from their employment and this constituted wrongful termination as part of a plan to violate the CUTPA. Quimby v. Kimberly Clark Corp, 28 Conn.App. 660, 670, 613 A.2d 838 (1992) (" The employer-employee relationship does not fall within the definition of trade or commerce for purposes of an action under CUTPA").
In Fortunato v. Office of Steven Silston, D.D.S., 48 Conn.Supp. 636, 856 A.2d 530, (Conn. Superior Court June 23, 2004) , the court held where a termination lies at the heart of an action then a wrongful discharge claim may not be made based on CUTPA.
The plaintiffs fail to make out a legal cause of action for wrongful discharge. The motion to strike is hereby granted.