EDC Investment, LLC f/k/a EDC Pizza, LLC v. UTGR, Inc.

Syllabus

The plaintiff, EDC Investment, LLC, appealed from a Superior Court order granting a motion to dismiss pursuant to Rule 12(b)(6) of the Superior Court Rules of Civil Procedure brought by the defendant, UTGR, Inc. On appeal, the plaintiff argued that the hearing justice erred in granting the defendant's motion to dismiss, asserting that the plaintiff had alleged sufficient facts in support of its contractual claims, namely, its claims of breach of fiduciary duty, breach of contract, and breach of the covenant of good faith and fair dealing.<br><br>The Supreme Court held that the hearing justice did not err in dismissing the plaintiff's claim of breach of fiduciary duty because the plaintiff had failed to establish that its relationship with defendant was anything more than a typical commercial landlord-tenant relationship. Similarly, the Supreme Court determined that the plaintiff's claim of breach of contract was properly dismissed, and consequently, the hearing justice also did not err is dismissing the plaintiff's claim of breach of the covenant of good faith and fair dealing. Accordingly, the Supreme Court affirmed the order of the Superior Court. <br>