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six counts or statements of a cause of action, and she asked for $250,000 in compensatory damages for each of the counts, $250,000 in punitive damages for each of the counts, and treble damages for one of the counts. Compensatory damages are awarded to make amends, punitive damages are damages given in excess of actual loss as punishment, and treble damages would be three times the actual damages.
The Kidwells allege in the demurrer that three of the counts, interference with a right of way, interference with business, and common law interference with contract and business “fail to state a claim upon which relief can be granted.” The Kidwells also maintain in the demurrer that two more counts, defamation and abuse of process and malicious prosecution, “allege as their basis communications which are, as a matter of law, privileged.” According to the demurrer, the final count of civil conspiracy “fails to state a claim upon which relief may be granted.”
Besides asking for a dismissal of the case, the Kidwells also ask for their costs to be awarded to them.
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