No, you're both wrong. Only in criminal court is a defendant is found not guilty. In civil court, judgment is merely entered for the plaintiff or defendant, or a judgment of dismissal with or without prejudice is entered. Count I seeks declaratory relief which means the Court would, if it finds a justiciable controversy, actually make a ruling as to the rights and responsibilities of the parties. As to the fraud and other claims seeking damages, the Court or jury (you can demand a jury trial by filing a notice to that effect or printing "JURY TRIAL DEMANDED" on your documents) will either find "for the plaintiff" or "for the defendant." If "for the plaintiff," the trier of fact would enter a money judgment.
The proof in civil court is by preponderance of the evidence, in contract to criminal court where it is beyond a resonable doubt.
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