On Tuesday I reported about robocalls being paid for by Joe Munem which attacked GOP candidate for governor Rick Snyder.
In that robocall, Snyder is attacked for being “sued by former Gateway customers…”
Snyder is an Ann Arbor business man, and former CEO of Gateway computers. He has been touting that experience in his bid, and even touted his “nerd” factor in a Super Bowl ad blitz.
The text of the robocall:
Hello,
I’m calling to inform you about gubernatorial candidate Rick Snyder. As a former board member and CEO of Gateway Computers, Rick Snyder shipped thousands of American jobs overseas, putting his American employees out of work. Rick Snyder is being sued by his former Gateway customers for selling them extended service warranties on their computers and then transferring those warranties to an insolvent company. Those customers, many of whom are struggling college students, now can’t fix their computers while Rick Snyder made millions from these deals.
To learn more about Rick Snyder’s profiting from lost American jobs and worthless extended computer warranties, please visit www.ripoffrick.com. That is www.ripoffrick.com.
Thank you.
But Jake Suski, spokesman for the Snyder campaign called Wednesday to say the lawsuit is being inaccurately presented. Particularly since Snyder has been dropped as a defendant in the case.
An order signed Jan. 25, 2010 by Judge George H. Wu, from the United States District Court Central District of California, orders that Snyder and the other directors named in the suit be removed.
Wu wrote:
Defendants argument in favor of dismissing all of the Plaintiff’s claims against the Directors is well taken. The only contract the Plaintiff identifies in this action is the Warranty Agreement, which Plaintiff alleges was between him and Gateway. Plaintiff does not identify any contract to which he and the Directors were party. The Complaint does not allege any plausible theory of how the Directors could be liable to Gateway’s alleged breach of contract, or any any facts to support a claim of unjust enrichment against them. The authorities cited in Plaintiff’s opposition regarding directors’ liability in tort are inapposite. If Plaintiff wishes to amend the Complaint he is advised he must also allege facts showing the Directors somehow directed or participated in any tortious conduct by Gateway. There are no such allegations in the current Complaint.
The Directors’ motion to dismiss is GRANTED
In short, Munem’s robocall allegation that Snyder “is being sued by his former Gateway customers for selling them extended service warranties on their computers and then transferring those warranties to an insolvent company,” is partly accurate, but not up-to-date. Snyder is no longer a defendant in the case.