Wu v. Delaware Technical Community College

                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