Former WWE Superstar and mixed martial artist CM Punk has filed a motion to dismiss independent professional wrestling star Colt Cabana's amended complaint in the Circuit Court Of Cook County in Illinois on February 14, 2019, according to PWinsder.
The lawsuit revolves around Cabana's claim that Punk reneged on his offer to cover Cabana's legal fees associated with defamation lawsuit against the two, lodged by WWE's Dr. Chris Amann. Essentially, Cabana has alleged that Punk refusing to pay for the aforementioned legal fees is tantamount to breach of contract and fraud.
According to the court documents, legal counsel for Punk averred that Cabana's complaint should be dismissed on the grounds that the ROH color commentator has failed to state a claim for which relief from the court can be granted. Punk's recent court filing stated that Cabana "failed to meaningfully address the terminal deficiencies the are replete throughout his Amended Complaint" and that the amended complaint is "almost entirely bereft of any argument at all".
With respect to Cabana's breach of contract claim, Punk argued that the lawyer offering to continue to represent Cabana in the Amann case after Punk and Cabana had a falling out did not create a legally enforceable contract with Punk. Therefore, Punk could not be in breach of contract.
The February 14, 2019 motion to dismiss purports that Cabana seeks "to somehow maintain his assertion that the June 1, 2016 email from his own attorney assuring [Cabana] that he would continue to jointly represent [Cabana] and [Punk] in the Amann Lawsuit constituted a separate 'offer' from [Punk] in consideration of [Cabana] forgoing obtaining separate counsel and settling out of the case. [Cabana] failed to allege any facts to support this assertion, let alone sufficient facts to state all the elements which are necessary to sustain [Cabana]'s breach of contract claim."
On the subject of Cabana's fraud cause of action against Punk, lawyers for Punk contend that Cabana's allegations "lack the specificity, particularity, and certainty required to sustain a pleading of fraud under Illinois law."
Punk's legal team went on to float the idea that perhaps Punk has a legitimate unjust enrichment claim against Cabana under the law of equity. The recent court filing stated, Cabana's "concession that he willingly refrained from acquiescing to Amman's demand letter preceding the underlying lawsuit and then, for more than a year, accepted and refused to financially contribute to legal services for his own defense at significant expense to [Punk] raises questions concerning unjust enrichment of [Cabana]."
Judge Daniel J. Kubasiask will decide on this motion to dismiss on March 15, 2019.