Very occasionally, it as appropriate to file a Motion to Strike a pleading as Sham.  See Rules 1.140 and 1.150.  The Rules seem to pertain to 'redundant, immaterial, impertinent, or scandalous matter.'  However, I used such motions on several occasions where claims were brought against my clients personally, though their actions had occurred in their corporate roles.  Rule 1.150 and most Judges require such motions to be verified.  A sample motion is set forth below:

IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT IN AND FOR BREVARD COUNTY, FLORIDA

CASE NO.:  05-2007-CA-0xxxx-XXXX-XX

KARLA SCHAFFER,

            Plaintiff,

vs.

CLAYTON MANNING and  TECH

BUILDERS, INC.

Defendants.

___________________________________/

VERIFIED MOTION TO STRIKE AS SHAM

            COMES NOW CLAYTON MANNING, by and through his undersigned counsel, and pursuant to Fla.R.Civ.P. 1.150, moves to strike Plaintiff’s Complaint against him individually as Sham, and in support thereof states:

1.         Plaintiff has filed suit against Defendant  TECH BUILDERS, INC., as well as CLAYTON MANNING, an officer thereof, for the breach of an oral contract and unjust enrichment.

2.         The contract, if any, was entered into by Defendant CLAYTON MANNING in his representative capacity, as an officer of Defendant  TECH BUILDERS, INC.

3.         Performance was made by and/or attempted by Defendant  TECH BUILDERS, INC.

4.         The invoice for work performed was sent by Defendant  TECH BUILDERS, INC. to SCOTT LASTNAME.  Defendant’s Exhibit “1”.   

4.         Payment was made to Defendant  TECH BUILDERS, INC., as evidenced by:

a)         Defendant  TECH BUILDERS, INC.’s accounts receivable.  Defendant’s Exhibit “2”. 

b)         Defendant  TECH BUILDERS, INC.’s bank statements.  Defendant’s Exhibit “3”. 

5.         Further, the materials used were purchased on account by Defendant  TECH BUILDERS, INC.  Defendant’s Exhibit “4”. 

6.         As such, Plaintiff has failed to allege any basis for personal liability, to pierce the corporate veil, the corporate shield, or to otherwise hold Defendant Clayton MANNING personally liable for acts performed while working in his capacity as an officer of Defendant Corporation.

WHEREFORE, Defendant CLAYTON MANNING respectfully requests that Plaintiff’s Complaint be stricken insofar as it seeks to assert personal liability without alleging a basis for such an assertion.

JURY TRIAL DEMANDED ON ALL MATTERS SO TRIABLE

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via U.S. Mail this 26^th day of March, 2008 to Allan P. Whitehead, Frese, Hansen, Anderson, Anderson, Heuston & Whitehead, P.A., 930 South Harbor City Boulevard, Suite 505, Melbourne, FL  32901.

                                                                By:   _________________________________________

                                                                        Michael B. Lesage

                                                            815 South Washington Ave

                                                                        Titusville, FL 32780

                                                                        321-269-6833                                                                                                                                     Florida Bar No.:  0028035

                                                                        Attorney for the Defendants

Page 2

VERIFICATION

     I, CLAYTON MANNING, individually, and as President of  TECH BUILDERS, INC., Defendants in the above action, hereby depose and state that I have read the contents of the foregoing Verified Motion To Strike As Sham, and that the statements contained therein are true to the best of my knowledge.    

 TECH BUILDERS, INC.,      

                                                                                   

By:  ________________________________

                                                                                    Name:  Clayton MANNING_ _______________

                                                                                    Its:  President_________________________

                                                    

_____________________________

Clayton MANNING

STATE OF FLORIDA

COUNTY OF BREVARD

           

            Sworn to and subscribed before me this _______ day of March, 2008, by Clayton MANNING, individually, and as President of  TECH BUILDERS, INC.,

q      personally known to me.

q                                                                    produced a current driver’s license as identification or who produced _____________________________ as identification.

{Notary Seal must be affixed}

Signature of Notary

Name of Notary (Typed, Printed or Stamped)

Commission Number (if not legible on seal):________________

My Commission Expires (if not legible on seal):