(2) Defendants’ Motion to Dismiss
TENTATIVE RULING
Background.
On August 3, 2018 Plaintiff Tom Fowler filed a verified complaint against Defendants Robert Champion and Doronda Champion. Plaintiff’s initial complaint purports to allege causes of action for fraud, embezzlement, conversion, and elder abuse. Defendants filed an answer and are currently self-represented.
Plaintiff previously moved for judgment on the pleadings, largely based on Defendants’ failure to controvert the material allegations in the complaint based on their unverified answer.
On January 12, 2021, this Court denied Plaintiff’s motion for judgment on the pleadings, noting that Plaintiff’s operative pleading suffered from various deficiencies, including but not limited to a failure to set out each cause of action separately, along with the allegations supporting the elements of each cause of action.
Now before the Court are two motions:
(1) Plaintiff’s motion to amend complaint, and
(2) Defendants’ motion for dismiss
Hearing Date
May 18, 2021
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(2) Defendants’ Motion to Dismiss
TENTATIVE RULING
Background.
On August 3, 2018 Plaintiff Tom Fowler filed a verified complaint against Defendants Robert Champion and Doronda Champion. Plaintiff’s initial complaint purports to allege causes of action for fraud, embezzlement, conversion, and elder abuse. Defendants filed an answer and are currently self-represented.
Plaintiff previously moved for judgment on the pleadings, largely based on Defendants’ failure to controvert the material allegations in the complaint based on their unverified answer.
On January 12, 2021, this Court denied Plaintiff’s motion for judgment on the pleadings, noting that Plaintiff’s operative pleading suffered from various deficiencies, including but not limited to a failure to set out each cause of action separately, along with the allegations supporting the elements of each cause of action.
Now before the Court are two motions:
(1) Plaintiff’s motion to amend complaint, and
(2) Defendants’ motion for dismiss