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Based on a Complaint filed by Plaintiff Richard in the North Carolina trial court, should theCourt conclude such Complaint

does not state a claim upon which relief can be granted anddismiss the action? Moreover, are there any other elements that render such Complaintdefective?North Carolinas Rule 12(b)(6) grants a defendant a means to have a case dismissed for Failure to state a claim upon which relief can be granted. On the other hand, North Carolinas Rule 12(e) establishes If a pleading to which a responsivepleading is permitted is so vague or ambiguous that a party cannot reasonably be required toframe a responsive pleading, he may move for a more definite statement before interposing hisresponsive pleading. The motion shall point out the defects complained of and the detailsdesired. North Carolina General Statute Section 1A-1, Rules of Civil Procedure 12(e).In Johnson v. Bollinger, 86 N.C. App. 1 (1987) the North Carolina Appeals Court asserted Bymotion under North Carolina Rules of Civil Procedure 12(b)(6), defendants may raise thedefense that plaintiff's complaint fails to state a claim upon which relief can be granted.Dismissal under Rule 12(b)(6) is proper when one or more of the following three conditions issatisfied: (1) when on its face the complaint reveals no law supports plaintiff's claim; (2) whenon its face the complaint reveals the absence of fact sufficient to make a good claim; and (3)when some fact disclosed in the complaint necessarily defeats plaintiff's claim. Oates v. JAG,Inc., 314 N.C. 276, 278, 333 S.E. 2d 222, 224 (1985)Further, Johnson affirmed which elements are necessary for a tort of infliction of emotionaldistress: 1) Extreme and outrageous conduct, (2) which is intended to cause and does cause(3) severe emotional distress to another. The tort may also exist where defendant's actionsindicate a reckless indifference to the likelihood that they will cause severe emotional distress. In Zenobile, the North Carolina Court of Appeals affirmed case dismissal standards under Rule12(b)(6) were construed liberally stating, The question presented by a motion to dismiss iswhether, as a matter of law, the allegations of the complaint, treated as true, are sufficient tostate a claim upon which relief may be granted. Furthermore, in analyzing the sufficiency of acomplaint to withstand a North Carolina Rule 12(b)(6) motion, the complaint must be liberallyconstrued and should not be dismissed for insufficiency unless it appears to a certainty that theplaintiff is entitled to no relief under any state of facts which could be proved in support of theclaim. Zenobile v. McKecuen, 144 N.C. App. 104 (2001)The North Carolina Supreme Court stated North Carolina follows common law principlesgoverning assault and battery. An assault is an offer to show violence to another withoutstriking him, and a battery is the carrying of the threat into effect by the infliction of a blow. Hayes v. Lancaster, 200 N.C. 445 156 S.E. 530 (1931)In Dixon, a Plaintiff's action against defendants for intentional infliction of emotional distresswas dismissed by the trial court. In reversing, the court noted that a complaint should not bedismissed for failure to state a claim unless it appeared beyond doubt that plaintiff could proveno set of facts in support of his claim which would entitle him to relief. The court also notedthat a complaint had to be liberally construed. The complaint alleged that defendants ridiculedand harassed plaintiff in the workplace and that the acts were intended to cause and did in factcause plaintiff to suffer extreme emotional distress. Although plaintiff's complaint failed tospecify the acts constituting the ridicule and harassment, such specifications were not requiredbecause the complaint was sufficient to apprise defendants of what the claim was and whatevents produced the claim. Dixon v. Stuart, 85 N.C. App. 338 (1987)In evaluating a Complaint for dismissal for failure to state a claim under Rule 12(b)(6)standards, North Carolina Courts have held three specific elements as determining a basis fordoing so. Johnson v. Bollinger, 86 N.C. App. 1 (1987) Under North Carolina law, such allegedtorts are actionable in a Complaint. Though Plaintiffs Complaint is vague as to the actualmeans of how the crimes were perpetrated, including physical injuries he incurred, he is notrequired by North Carolinas Rules of Civil Procedure to submit details of injuries or facts that

would be disclosed during trial.For a Court to dismiss any allegation contained in Plaintiffs complaint under Rule 12(b)(6),North Carolina law requires a failure to state a claim on which relief can be granted. Moreover,North Carolina Court of Appeals have set a high standard for dismissal of claims for failure tostate a claim by stating complaints must be liberally construed. Zenobile v. McKecuen, 144 N.C.App. 104 (2001). Moreover, Dixons North Carolina Court of Appeals reversal of a lower courtsdismissal of an emotional distress claim confirmed specifics are not required in a Complaint, aslong as it is sufficient to apprise defendants of what the claim was and what events producedthe claim.Defendants move for dismissal based on Rule 12(b)(6) will be denied. On the other hand,under North Carolina Rule 12(e) Defendant may move for a more definite statement beforeinterposing his responsive pleading. The motion shall point out the defects complained of andthe details desired. Nevertheless, surviving Rule 12(b)(6)s tests alone doesnt necessarilyvalidate Plaintiffs Complaint. Two serious errors of omission exist within the Complaint in thenon-disclosure of jurisdiction statement as well as no demand for a jury trial. The defectiveComplaint would thus be dismissed based on these two factors alone. Well done. Excellent research.The second part of the question is what is missing from the complaint. The answer is anexplanation why the court has jurisdiction over the case.