Brandon Cleveland and Isiah Jackson v. Caplaw Enterprises, Docket No. 05-4643-Cv, 448 F.3d 518 (2006)

Citation: Brandon Cleveland and Isiah Jackson v. Caplaw Enterprises, Docket No. 05-4643-Cv, 448 F.3d 518 (2006)
Parent Document: Brandon Cleveland and Isiah Jackson v. Caplaw Enterprises, Docket No. 05-4643-Cv, 448 F.3d 518 (2006)
Jurisdiction: United States (federal)
Effective Date: 2006-05-15
Original Source: https://www.courtlistener.com/opinion/794387/brandon-cleveland-and-isiah-jack... ↗

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Here, the district court erred by concluding that plaintiffs had not raised allegations which, if proven, would establish that Caplaw exercised control over LC Properties. The complaint alleges that LC Properties “acted as agents for Caplaw Enterprises ... at all times relevant to this lawsuit, pursuant to a Property Management Agreement.” The Agreement, which was incorporated into the complaint by reference, notes that LC Properties would “perform all reasonable services requested by [Caplaw] in regards to operating, maintaining, servicing and leasing the property.” Accepting these facts as true-which we must on review of a judgment on the pleadings-it is not at all clear that it “appears beyond a reasonable doubt that the plaintiff can prove no set of facts in support of [his] claim which would entitle him to relief.” Irish Lesbian & Gay Org., 143 F.3d at 644.

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