A-Plus Janitorial & Carpet Cleaning v. Employers' Workers' Comp. Ass'n
In A-Plus Janitorial & Carpet Cleaning v. Employers' Workers' Comp. Ass'n, 1997 OK 37, 936 P.2d 916, the Oklahoma Supreme Court stated that "the method for securing the missing information" - i.e., in circumstances in which allegations of fraud are made but are not stated with sufficient particularity to enable the opposing party to prepare his/her responsive pleadings and defenses - "is not by pressing for dismissal but rather by a motion to supply the necessary particulars that would support the allegations of fraud." Id.
In A-Plus, the Court concluded that "because the record is devoid of any denied quest for particulars, the defendants are not entitled to have the petition tested by the Gay v. Akin i.e., particularity rule. Applying the Conley v. Gibson standards,6 we find that the petition, even if wanting in some particularity, is not subject to dismissal. The defendants are entitled to a post-remand opportunity to press for specific information."