Monte Cahn’s Amended Lawsuit — Oversee.net Blasts

Oversee.net continues to say lawsuit with Monte Cahn is merely regarding contract claims.

Oversee.net has filed a motion to dismiss (pdf) numerous claims in Monte Cahn’s second amended lawsuit.

The motion to dismiss starts out with this telling line:

“Apparently, the third time is not the charm.”

The second amended lawsuit was the third complaint brought by Cahn.

Oversee.net claims Cahn’s latest complaint is “fundamentally flawed”. It asks the court to dismiss claims of fraud or conversion and let the case proceed “as a matter rooted in contract law”.

The motion to dismiss states:

“Although Cahn has now abandoned some of his theories, he still seeks to turn a breach of contract claim into a claim for fraud, and he still seeks to plead conversion claims that fail as a matter of law”.

The firm claims that Cahn has tried to revive two of the claims that the court dismissed previously.

“In an effort to conceal the lack of change, Cahn reformats some of his allegations and repeatedly adds to his factual allegations speculative contentions regarding the defendants’ states of mind…”

Oversee.net also claims that Cahn has added “a number of rhetorical flourishes regarding the supposed importance to Oversee of retaining Chan post-merger”.