1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
WO
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Conrad Larson,
Plaintiff,
v.
Rodger Johnson, et al.,
Defendants.
_________________________________
)
)
)
)
)
)
)
)
)
)
)
)
No. CIV 07-0063-PCT-SMM
MEMORANDUM OF DECISION AND
ORDER
Pending before the Court is a Motion to Dismiss (Dkt. 6) filed by Defendants Rodger
Johnson and Clay Swanson and a Rule 12(b)(6) Motion to Dismiss (Dkt. 7) filed by
Defendant Guy Kittelson.
BACKGROUND
i. Factual History
Plaintiff Conrad Larson ("Plaintiff") alleges that on March 16, 2004, he entered into an
employment agreement ("Agreement") with Defendant Guy Kittelson (“Kittelson”) for the
project management and sale of property in Bullhead City, Mohave County, Arizona. (Compl.
¶¶ 19, 20). According to Plaintiff, he was hired to manage a project that included the
development of land into residential property, a golf course, and a hotel. (Compl. ¶ 21).
Plaintiff claims that, pursuant to the Agreement, he was to receive one percent (1%) of any
“outside sale” of the project, (Compl. ¶ 20), and a loan of one thousand dollars ($1,000) per
week "until funding was max of $3000.00" (Compl. ¶ 27). Plaintiff also claims that he is
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1Obed Williamson is deceased (Dkt. 6 at 1) and not a party to this action.
2Plaintiff's complaint does not clearly state whether: (1) the sale occurred before the
formation of the partnership between the defendants, or (2) the formation of the partnership itself
constituted a sale of the property. Plaintiff does not state the date of the sale or when Kittelson,
Johnson and Swanson allegedly became partners.
- 2 -
entitled to compensation for his efforts in obtaining the City of Bullhead’s cooperation for
the project and procuring potential buyers of the property. (Dkt. 1 at 8).
The Agreement is evidenced by two documents, one handwritten and one typed, each
signed and dated by Kittelson. (Dkt. 1, Exhibi