PHI Financial Services v. Johnston Law Office

Citations

• 937 N.W.2d 885
• 2020 ND 22

Syllabus

A motion to dismiss a complaint under N.D.R.Civ.P. 12(b)(6) tests the legal sufficiency of the statement of the claim presented in the complaint. A complaint should not be dismissed unless it is disclosed with certainty the impossibility of proving a claim upon which relief can be granted. An abuse of process occurs when a person uses a legal process, whether criminal or civil, against another primarily to accomplish a purpose for which it is not designed. The essential elements of an abuse-of-process claim are: (1) an ulterior purpose and (2) a willful act in the use of the process not proper in the regular conduct of the proceeding. A creditor must serve on the debtor a notice that a garnishee summons may be issued at least ten days before the issuance of any garnishee summons against the earnings of any person. A claim for conversion requires proof of 'a tortious detention or destruction of personal property, or a wrongful exercise of dominion or control over the property inconsistent with or in defiance of the rights of the owner. A correct result will not be set aside merely because the district court relied on a different reason for its decision.