Opinion

State v. Superior Court of Maricopa County

  • 123 Ariz. 324
  • 599 P.2d 777
  • 1979 Ariz. LEXIS 295
Court
Arizona Supreme Court
Filed
Jun 18, 1979
Status
Published
Author
Gordon
On the bench
Cameron, Gordon, Hays, Holohan, Struckmeyer
Cited by
33 cases
Authority
More cited than 7.0%

Overruled on other grounds by State v. Gunnison, 127 Ariz. 110 (1980)

holding Corporation Commission liable for rescission damages for misleading statements regarding regulation of insolvent corporation, which “induced” investors to purchase securities

How later courts described this case

  • holding Corporation Commission liable for rescission damages for misleading statements regarding regulation of insolvent corporation, which “induced” investors to purchase securities
  • ordinarily no individual cause of action based on breach of duty by public official

Written by the judges who cited it.

Later courts went against this

  • Overruled on other grounds by State v. Gunnison, 127 Ariz. 110 (1980)

    (Davis), 123 Ariz. 324, 599 P.2d 777 (1979), overruled in part on other grounds by State v. Gunnison, 127 Ariz. 110, 618 P.2d 604 (1980).
    Arizona Supreme CourtSep 22, 198011 citing opinionsother groundsRead it

The opinion

REHEARING DENIED

GORDON, Justice:

In our opinion in State v. Superior Court, 123 Ariz. 324 , 599 P.2d 777 (1979), we denied a motion to dismiss Counts I and II of plaintiffs’ complaint, finding that Count I adequately stated a cause of action pursuant to A.R.S. § 44-1991 and that Count II adequately asserted that the defendants aided and abetted others in violating A.R.S. § 14-1991. In light of this Court’s recent adoption of the Court of Appeals opinion in Greenfield v. Cheek, 122 Ariz. 70 , 593 P.2d 293 (App.1978); Greenfield v. Cheek, 122 Ariz. 57 , 593 P.2d 280 (1979), Counts I and II of plaintiffs’ complaint are dismissed with leave to amend. Language to the contrary in State v. Superior Court, supra, is hereby vacated.

The complaint was filed in November of 1977. The law in Arizona at that time was that scienter was not a necessary element of a cause of action based upon A.R.S. § 44-1991. See Washington National Corp. v. Thomas, 117 Ariz. 95 , 570 P.2d 1268 (App. 1977); Baker v. Walston & Co., Inc., 7 Ariz. App. 590 , 442 P.2d 148 (1968). Washington National, supra, and Baker, supra, were, however, recently overruled by this Court in Greenfield, supra, which held that scienter is a necessary element of A.R.S. § 44-1991.

Because Counts I and II do not assert that the defendants knew their statements were false and acted with an intent to deceive, scienter has not been alleged. See, Greenfield, supra. Counts I and II are, therefore, dismissed with leave to amend the pleadings to conform with the current status of the law.

In view of the modifications of the original opinion made herein, the motion for rehearing is denied.

CAMERON, C. J., STRUCKMEYER, V. C. J., and HAYS and HOLOHAN, JJ., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.