St. Clair County Circuit Judge Robert LeChien on Jan. 23 approved a defendant's request for a bill of particulars in a dispute involving assets from a broken relationship.
Helia Grider of Belleville sued Martin T. Hubbard and M. Hubbard Construction Inc. last September saying Hubbard refused to pay her for more than a decade’s worth of work at his construction company.
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.
LeChien's order states that the plaintiff has 30 days to answer the defendant’s bill. The next court date is scheduled Feb. 21.
Hubbard’s bill of particulars states the plaintiff never alleged when the “said oral agreement occurred.”
Illinois law states the statute of limitations for a breach of oral contract is five years, the document says.
“Taking the facts as currently alleged, defendants are unsure whether they can raise an affirmative defense or motion to dismiss based upon a violation of the statute of limitations,” the defendant’s demand for a bill of particulars states.
Grider claims her employment with M. Hubbard Construction and her romantic relationship with Hubbard ended in November 2011. Grider contends Hubbard refused to divide the couple’s property and failed to compensate her for work performed on behalf of M. Hubbard Construction for more than a decade.
She accuses the defendants of breach of contract and unjust enrichment and seeks more than $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