Cora Hebert v. Honest Bingo, Fairbanks Drama Association, John Doe I, John Doe II, and John Doe III

Summary

The Alaska Supreme Court reviews the superior court’s grant of judgment on the pleadings to the Fairbanks Drama Association based on the statute of limitations. The court holds that disputed factual issues concerning notice and mistake under Alaska Civil Rule 15(c) prevented resolution of relation back on a Rule 12(c) motion, and it reverses and remands.

Holdings

1. A Rule 12(c) motion based on a statute of limitations defense is improper when the pleadings raise disputed factual issues concerning whether an amended complaint relates back under Rule 15(c). FDA was not entitled to judgment on the pleadings because the pleadings did not conclusively establish that Hebert's amendment could not relate back.
2. When relation back depends on disputed facts, the court must deny judgment on the pleadings and allow the factual issues to be resolved through an appropriate preliminary hearing or at trial.

Questions Presented

1. Whether the superior court properly granted a defendant's Rule 12(c) motion for judgment on the pleadings based on a statute of limitations defense when the applicability of relation back under Rule 15(c) depended on disputed facts.
2. Whether Hebert's second amended complaint naming FDA could relate back to her timely original complaint because FDA may have received notice of the action and known that it would have been named but for a mistake concerning its identity.
3. Whether the pleadings established as a matter of law that FDA was not entitled to relation back and judgment on the pleadings.

Disposition

reversed_and_remanded