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Sorantino v. Newton
Superior Court of Delaware
June 4, 2019
ANTHONY SORANTINO, Plaintiff,
TERRANCE NEWTON, et ux., Defendants.
Submitted: May 21, 2019
Defendants' Motion to Dismiss DENIED
Honorable Andrea L. Rocanelli, Judge.
consideration of the Motion to Dismiss filed by Defendants
Terrance Newton and Paula Dumpson-Newton
("Defendants"); the response thereto filed by
Plaintiff Anthony Sorantino ("Plaintiff"); the
facts and arguments set forth by the parties; statutory and
decisional law; and the entire record in this case, the Court
hereby finds as follows:
1. On October 3, 2018, Plaintiff filed a civil lawsuit
against Defendants alleging breach of contract claims as a
result of nonpayment for construction services furnished. The
contractual obligation arose as a result of a verbal
agreement between Plaintiff and Defendant Terrance Newton.
2. On January 22, 2019, Defendant Terrance Newton filed an
Answer denying the allegations in the complaint.
3. On January 24, 2019, Defendant Paula Dumpson-Newton filed
an Answer asserting that she is not a party to the contract
4. On May 8, 2019, Defendants filed a motion to dismiss
("Motion to Dismiss") Plaintiff's complaint on
the grounds that Plaintiff was compensated for the work
performed, thereby satisfying the contract.
5. On May 21, 2019, Plaintiff filed a response in opposition
to the Motion to Dismiss.
6. On a motion to dismiss for failure to state a claim upon
which relief can be granted,  the Court must read the complaint
generously, accept all well-plead allegations contained
therein as true, and draw all reasonable inferences in a
light most favorable to the non-moving party. A complaint is
well-pled if it puts the opposing party on notice of the
claim being brought against it. Dismissal is warranted only
"when the plaintiff would not be entitled to recover
under any reasonably conceivable set of circumstances
susceptible of proof." Allegations that are merely
conclusory and lacking factual basis will not survive a
motion to dismiss.
7. To survive a motion to dismiss for failure to state a
breach of contract claim, the plaintiff must establish: (1)
existence of an express or implied contract; (2) breach of an
obligation imposed by the contract; and (3) damages incurred
as a result of the breach. "An action for damages is the most
fundamental remedy for breach of
contract." To recover damages in connection with the
alleged breach of contract, the plaintiff must demonstrate
substantial compliance with all provisions of the
8. Assuming the well pleaded facts are true, Plaintiff's
complaint establishes a potentially viable cause of action
against Defendants for breach of contract. Plaintiff alleges
that he entered into a contract with Defendants to provide
construction services. At the conclusion of that contract,
Plaintiff alleges that Defendants did not pay for the full
cost of Plaintiff's services. Plaintiff is seeking money
damages in connection with the alleged breach of contract. At
this stage in the proceedings, Plaintiff has pled sufficient
facts to support a claim for breach of contract against
NOW, THEREFORE, this 4th day of June, 2019,
Defendants' Motion to Dismiss is ...
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