Motion for Judgment on the Pleadings - DENIED
The Court denies the Motion by Defendant Angela C. Driscoll for Judgment on the Pleadings as to Plaintiff Driscoll & Co.’s First Amended Complaint (“FAC”).
Plaintiff has standing based on the allegations in the FAC. FAC ¶ 4. There is no request for judicial notice or any non-extrinsic facts that the Court can accept to challenge standing. Similarly, there is no evidence that is not extrinsic to the FAC regarding Plaintiff’s license.
Further, the Court already has ruled on Defendant’s argument that she is the wrong Defendant. See Court’s Minute Order of 1/30/17 ("Defendant also argues that ... Plaintiff must sue either the decedent's successor in interest or the decedent's personal representative. The Court agrees. But that is just what Plaintiff has done- it has sued the decedent's successor in interest; i.e., the Trust that owns the property at issue ... The Trust itself is the successor in interest, but of cours........