IN THE SUPERIOR COURT OF THE STATE OF DELAWARE
CHENMOU WU, )
)
Plaintiff, )
)
v. ) C.A. No. N21C-07-045 EMD
)
DELAWARE TECHNICAL )
COMMUNITY COLLEGE, )
)
Defendant. )
MEMORANDUM OPINION GRANTING DEFENDANT’S MOTION TO DISMISS
PLAINTIFF’S AMENDED COMPLAINT
I. INTRODUCTION
This is a civil action involving fraud and negligence. Initially, Plaintiff Chenmou Wu
alleged that Defendant Delaware Technical Community College (“DTCC”) fraudulently induced
Mr. Wu to send $9,650 to a third party for an employment opportunity.1 Mr. Wu contends that
the emails came from a source purportedly associated with DTCC. On October 4, 2021, DTCC
filed a motion to dismiss Mr. Wu’s Complaint.2 On January 13, 2022, the Court granted
DTCC’s first motion to dismiss and gave Mr. Wu leave to amend his complaint.3
Mr. Wu filed an amended complaint on February 10, 2022 (the “Amended Complaint”).4
In the Amended Complaint, Mr. Wu now contends that DTCC negligently and fraudulent
induced him to pay $9,650 to a third party for an employment opportunity. Mr. Wu contends
that he has been damaged in the amount of $199,650.00 due to “massive mental, psychological
1
D.I. No. 1. Complaint (hereinafter, “Compl.”) at 2.
2
D.I. No. 9. Defendant’s Motion to Dismiss or in the Alternative Motion for a More Definite Statement (hereinafter,
“DTCC’s First Mot.”).
3
D.I. No. 16. Order (i) Granting Defendant’s Motion to Dismiss or in the Alternative Motion for a More Definite
Statement and (ii) Providing Leave to Amend (hereinafter, “Order”).
4
D.I. No. 17. Amended Complaint and Plaintiff’s Rebuttal Evidence to Defendant (hereinafter, “Am. Compl.”).
and financial harm.”5 On February 24, 2022, DTCC filed Defendant’s Motion to Dismiss
Plaintiff’s Amended Complaint (the “Motion”).6 Mr. Wu opposed the Motion and filed his
Plaintiff’s Motion of Hearing at the Court and Response Defendant’s Unreasonable Motions (the
“Response”) on March 15, 2022.7
On July 21, 2022, the Court held a hearing on the Motion and the Response.8 The Court
then took the Motion under advisement. The Court did not ask the parties to submit any
additional papers or pleadings. On August 2, 2022, Mr. Wu chose to file his Plaintiff’s
Additional Evidence, Statements and Conclusion to Against Defendant About the Hearing (the
“Supplement”).9
The Court has considered the Motion, the Response, the Complaint, the Amended
Complaint, the arguments made in support of the Motion and the Response, and the Supplement.
For the reasons set forth below, the Court shall GRANT the Motion.
II. RELEVANT FACTS10
Mr. Wu has been a registered student at DTCC since the spring of 2019.11
On December 17, 2020, Mr. Wu received an email from dfears1@dtcc.edu (the “Fears
Email”).12 The Fears Email reads as follows:
From: Dyamond Fears