The Demurrer filed by Defendants Pyka Lenhardt Schnaider APC, David Lenhardt, Guillermo Schnaider and Francois Auroux to the First Amended Complaint is overruled except as to David Lenhardt on grounds that the First Amended Complaint is uncertain as to him. Plaintiff is granted leave to amend as to said Defendant.Defendants' Request for Judicial Notice is granted.Plaintiff's Opposition was late.Defendants argue that Plaintiff should have raised his malpractice claims during the KRS litigation. However, at the time of Plaintiff's Answer in that litigation, the claims here were not ripe and could not have been litigated in KRS v. Saber.Res judacata does not apply because this action is based on claims that arose during the pendency of the predecessor action.As to the Statute of Limitations issue, this action was filed on January 30, 2017. Therefore, the discovery of the fraud had to occur after January 30, 2014. It is alleged that fraudulent conduct occurred on the part of Alderman and A
Hearing Date
April 04, 2018
Type
Fraud (no contract) (General Jurisdiction)
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The Demurrer filed by Defendants Pyka Lenhardt Schnaider APC, David Lenhardt, Guillermo Schnaider and Francois Auroux to the First Amended Complaint is overruled except as to David Lenhardt on grounds that the First Amended Complaint is uncertain as to him. Plaintiff is granted leave to amend as to said Defendant.Defendants' Request for Judicial Notice is granted.Plaintiff's Opposition was late.Defendants argue that Plaintiff should have raised his malpractice claims during the KRS litigation. However, at the time of Plaintiff's Answer in that litigation, the claims here were not ripe and could not have been litigated in KRS v. Saber.Res judacata does not apply because this action is based on claims that arose during the pendency of the predecessor action.As to the Statute of Limitations issue, this action was filed on January 30, 2017. Therefore, the discovery of the fraud had to occur after January 30, 2014. It is alleged that fraudulent conduct occurred on the part of Alderman and A