Saturday, November 28, 2015

Garcia v. Hilton Hotels International, Inc. case brief summary

Garcia v. Hilton Hotels International, Inc. case brief
1951, United States District Ct, District of Puerto Rico

Facts: Damages for defamation brought by Garcia who is a resident of Puerto Rico against Hilton. Defendant wants to dismiss or to remove certain paragraphs. No publication of alleged statement was made, so no cause of action. Defamation statement: Garcia was accused of trying to start a prostitution ring inside the hotel and was violently kicked out. 
Decision: Motion to dismiss the complaint is denied while other claims for removal of paragraphs are granted. 

Reasoning: Rule is that all facts and doubts must be taken in favor of plaintiff and if that which is alleged could make a case at trial entitling him to relief. If that is so then cases should not be dismissed. Here while his statement is conclusory, It is obvious what he is trying to say and so defendant does not have a defense. For striking complaints, it is legal to make statements that may be slanderous as long as it is authorized by law / made fothe r legislature or judicial purposes. Therefore it can remove these paragraphs. For the dismissal, the complaint has enough to suggest that it is true and no more is needed. 

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