St. Clair County Circuit Judge Robert LeChien on April 1 granted a Belleville woman 21 days to file an amended complaint in her case against her ex-boyfriend.
Helia Grider is suing Martin T. Hubbard and M. Hubbard Construction Inc., saying Hubbard refused to pay her for more than a decade’s worth of work at his construction company.
He granted the defendant 21 days to respond to the amended complaint and also set a hearing for May 15.
Martin T. Hubbard and M. Hubbard Construction filed a motion for sanctions March 8, stating Illinois does not recognize common law marriage, and the plaintiff’s lawyer should have told his client she did not have a claim. Hubbard contends that proceeding with litigation was unwarranted.
In Hubbard's motion to dismiss, his lawyer wrote that plaintiffs failed to state a claim in their complaint.
According to the lawsuit, Grider and Hubbard lived together for 12 years. She says they agreed to “mutually pool all income and equally divide all proceeds from any endeavor.” Grider says she and the defendant also acquired various real and personal properties during their relationship.
Grider's "bill of particulars" states that she and Hubbard made a mutual promise in March 2000 to pool resources and share the benefits of income received through their joint or individual efforts.
In June 2010, Grider and Hubbard renewed their promise to pool resources and share the benefits of income received through their joint or individual efforts, the bill states.
But in July 2012, Hubbard informed Grider he would no longer share or divide any assets or possessions with the plaintiff, the bill states.
Grider claims her employment with M. Hubbard Construction and her romantic relationship with Hubbard ended in November 2011.
She is seeking a judgment exceeding $50,000.
Michael J. Swanson of Edwardsville represents Grider.
Chet A. Kelly of Williams, Caponi & Foley in Belleville represents the defendants.
St. Clair County Circuit Court Case No. 12-L-511