Question
Same as above, but instead of moving to dismiss the complaint, Pierce filed a counterclaim against Fillmore for amounts that Fillmore agreed to pay for
Same as above, but instead of moving to dismiss the complaint, Pierce filed a counterclaim against Fillmore for amounts that Fillmore agreed to pay for the construction of the storage shed but then refused to pay because of Pierce's alleged shoddy construction work. The ruling on Pierce's counterclaim will require the court to determine whether Pierce adequately performed the work on the storage sheds such that the claims raised in the complaint and the claim asserted in the counterclaim will involve most of the same evidence and many common questions of fact and law. Fillmore moves to dismiss the counterclaim for improper joinder. How should the court rule on Fillmore's motion?
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