Albrecht v. Albrecht

• Decision Date: 07 May 2020
• Docket Number: No. 20190222,20190222
• Citation: 942 N.W.2d 875
• Parties: Alan J. ALBRECHT , Plaintiff and Appellant v. Mark ALBRECHT , Defendant and Appellee and Kim Albrecht, Defendant
• Court: North Dakota Supreme Court

942 N.W.2d 875

Alan J. ALBRECHT , Plaintiff and Appellant
v.
Mark ALBRECHT , Defendant and Appellee
and
Kim Albrecht, Defendant

No. 20190222

Supreme Court of North Dakota.

Filed May 7, 2020

Alan J. Albrecht, Blaine, MN, plaintiff and appellant.

Kasey D. McNary, Fargo, ND, for defendant and appellee.

McEvers, Justice.

942 N.W.2d 877

[¶1] Alan Albrecht appeals from a district court judgment dismissing his complaint against Mark Albrecht with prejudice. We conclude Alan Albrecht lacks standing to bring the action. We affirm.

I

[¶2] The background for this case stems from prior litigation in the divorce proceedings of Glen and Sharleen Albrecht, who are the parents of Alan Albrecht and Mark Albrecht, see Albrecht v. Albrecht , 2014 ND 221, 856 N.W.2d 755, and continuing in the probate of Sharleen Albrecht’s estate, see In re Estate of Albrecht , 2020 ND 27, 938 N.W.2d 151 ; In re Estate of Albrecht , 2018 ND 67, 908 N.W.2d 135.

[¶3] In this case, Alan Albrecht served a summons and complaint on Mark Albrecht in December 2018, naming his brother and brother’s wife as defendants and alleging contempt of court and unjust enrichment. He alleges that, while Glen and Sharleen Albrecht’s divorce was pending and restraining provisions were in effect, their late-mother Sharleen Albrecht changed the beneficiary designation on an investment account owned by her, removing Alan Albrecht as one of the beneficiaries and naming only Mark Albrecht as the transfer-on-death beneficiary. He further alleges that, in contravention of the divorce summons and interim order’s restraining provisions, Sharleen Albrecht liquidated the investment account and the proceeds from the liquidated account were subsequently transferred to Mark Albrecht after Sharleen Albrecht’s death.

[¶4] Mark Albrecht answered and moved to dismiss the complaint. Alan Albrecht moved for summary judgment. In May 2019, the district court held a hearing on the motion to dismiss. The court declined to hear the summary judgment motion at that time. In June 2019, the court dismissed the complaint in its entirety with prejudice, and judgment was subsequently entered.

II

[¶5] Our standard for reviewing a district court’s decision under N.D.R.Civ.P. 12(b)(6) dismissing a complaint for failure to state a claim is well established:

A motion to dismiss a complaint under N.D.R.Civ.P. 12(b) ( [6] ) tests the legal sufficiency of the statement of the claim presented in the complaint. Under N.D.R.Civ.P. 12(b) ( [6] ), a complaint should not be dismissed unless it is disclosed with certainty the impossibility of proving a claim upon which relief can be granted. On appeal, the complaint must be construed in the light most favorable to the plaintiff, taking as true the well-pleaded allegations in the complaint. We will affirm a judgment dismissing a complaint for failure to state a claim if we cannot discern a potential for proof to support it.

In re Estate of Dionne , 2013 ND 40, ¶ 11, 827 N.W.2d 555 (internal quotation marks and citations omitted) (emphasis added); see also Hale v. State , 2012 ND 148, ¶ 13, 818 N.W.2d 684. This Court reviews the district court’s decision granting a motion to dismiss under N.D.R.Civ.P. 12(b)(6) de novo. In re Estate of Nelson , 2015 ND 122, ¶ 5, 863 N.W.2d 521.

[¶6] A claim should not be dismissed under N.D.R.Civ.P. 12(b)(6) unless it appears beyond a doubt the plaintiff can prove no set of facts in support of the claim which would entitle the plaintiff to relief. Bala v. State , 2010 ND 164, ¶ 7, 787 N.W.2d 761. This Court will affirm a dismissal of the claim only if it cannot discern

942 N.W.2d 878

a potential for proof to support it. Moseng v. Frey , 2012 ND 220, ¶ 5, 822 N.W.2d 464.

III

[¶7] Alan Albrecht argues the district court erred in granting the motion to dismiss...