COMMERCE PARK REALTY, LLC, LLC, NICHOLAS E. CAMBIO and VINCENT A. CAMBIO, Plaintiffs,
POTOMAC REALTY CAPITAL, LLC, CAPITAL MANAGEMENT SYSTEMS, INC., Alias, and DANIEL M. PALMIER, Defendants.
Plaintiff: Richard G. Riendeau, Esq.; Stephen M. Schonhoff,
Esq.; Matthew J. McGowan, Esq.
Defendant: Jeffrey S. Brenner, Esq.; William J. Delaney,
Esq.; Joseph V. Cavanagh III, Esq.
this Court for decision is a motion for summary judgment. The
motion, originally filed as a motion to dismiss, was
converted to a motion for summary judgment pursuant to Super.
R. Civ. P. 12(c) by this Court by Order dated April 12, 2019.
In the motion, Capital Management Systems, Inc. (CMS) asks
this Court to grant summary judgment in their favor for all
counts against it in the Amended Complaint dated February 21,
2019. Plaintiffs Nicholas E. Cambio and Vincent A. Cambio
(collectively, the Non-Receivership Plaintiffs) and
Intervener Commerce Park Realty 3, LLC (CPR 3) object to both
the above-referenced motions. Jurisdiction is pursuant to
Super. R. Civ. P. 56.
Plaintiffs are the Non-Receivership Plaintiffs: Nicholas E.
Cambio (N. Cambio) and Vincent A. Cambio (V. Cambio), both
residents of Rhode Island, and the Receivership Plaintiff,
Commerce Park Realty, LLC (CPR) (all three parties,
collectively, the Plaintiffs). Amended Compl. (Compl.)
¶¶ 1, 3-4. Due to the receivership in the
associated case PM-2013-0350, Matthew J. McGowan (Receiver)
was substituted for CPR in this matter on June 19, 2013.
Id. ¶ 2. Defendant CMS is alleged by the
Non-Receivership Plaintiffs to be "a general and/or
managing partner of Potomac [Realty Capital, LLC]."
Id. ¶ 47.
in April 2006 until April 2008, the Plaintiffs entered into a
number of loans with Potomac Realty Capital, LLC (Potomac).
Due to the alleged relationship between Potomac and CMS, the
Non-Receivership Plaintiffs allege in the Amended Complaint
that CMS is liable for a series of breach of contract, fraud,
and RICO violations.
Amended Complaint, the Non-Receivership Plaintiffs allege
sixteen counts against CMS (Counts VIII, XI, XIV, XVII, XIX,
XXI, XXII, XXIII, XXIV, XXV, XXVI, XXVII, XXVIII, XXIX, XXX,
XXXI). These counts consist of seven counts under the Rhode
Island Racketeer Influenced and Corrupt Organizations Act
(RICO) G.L. 1956 §§ 7-15-1, et seq, four
counts of breach of contract, four counts of tortious
interference with contractual relations, and one count of
fraud. CMS moves for summary judgment on all sixteen counts.
judgment is appropriate when no genuine issue of material
fact is evident from 'the pleadings, depositions, answers
to interrogatories, and admissions on file, together with the
affidavits if any.'" Mruk v. Mortgage Electronic
Registration Systems, Inc., 82 A.3d 527, 532 (R.I. 2013)
(quoting Swain v. Estate of Tyre ex rel. Reilly, 57
A.3d 283, 288 (R.I. 2012)). When deciding a motion for
summary judgment, the trial justice "views the evidence
in the light most favorable to the nonmoving party."
Mruk, 82 A.3d at 532 (citing Beauregard v.
Gouin, 66 A.3d 489, 493 (R.I. 2013)). In order to show
it is entitled to judgment as a matter of law, the
'"nonmoving party bears the burden of proving by
competent evidence the existence of a disputed issue of
material fact and cannot rest upon mere allegations or
denials in the pleadings, mere conclusions or mere legal
opinions."' Id. (quoting Daniels v.
Fluette, 64 A.3d 302, 304 (R.I. 2013)).