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Campbell v. Ailion

The trial court erred in dismissing the plaintiff's complaint for failure to state a claim upon which relief could be granted, because the allegations of the complaint were sufficient to support claims for breach of contract, unjust enrichment and promissory estoppel.

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Jolaunda Boone Campbell filed suit in Cobb County State Court against Bruce Ailion and two LLCs that Campbell alleges Ailion controls: ATL Investments, LLC, and Next Chapter Investments, LLC collectively, the defendants are referred to herein as Ailion. Campbell’s complaint asserted two claims, one of which she labeled Theft of Labor and Materials, and the other of which she captioned Mental Anguish and Emotional Distress and Attorney Fees. Ailion moved to dismiss the complaint for failure to state a claim upon which relief could be granted. Following a hearing, the trial court granted that motion and dismissed Campbell’s complaint with prejudice. Campbell now appeals from that order. For the reasons explained below, we reverse the order of the trial court and remand the case for proceedings consistent with this opinion.

We review de novo a trial court’s determination that a pleading fails to state a claim upon which relief can be granted, treating all material allegations set forth in the complaint as true, treating all denials set forth in the answer as false, and resolving any doubts in favor of the plaintiff. Wylie v. Denton, 323 Ga. App. 161, 162-163 746 SE2d 689 2013; Center for a Sustainable Coast v. Ga. Dept. of Natural Resources, 319 Ga. App. 205-206 734 SE2d 206 2012, rev’d on other grounds, 294 Ga. 593 755 SE2d 184 2014.

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