Judge: Michael Small, Case: 22STCV32495, Date: 2024-12-05 Tentative Ruling

Inform the clerk if you submit on the tentative ruling. If moving and opposing parties submit, no appearance is necessary.

Case Number: 22STCV32495    Hearing Date: December 5, 2024    Dept: 57

The Court is denying the motion of Defendant Alan Dlugash for judgment on the pleadings of the operative First Amended Complaint ("the FAC") of Plaintiff Abby Weisman.  Dlugash's motion is based on the premise that the FAC is too ambiguous and too uncertain to support the claims asserted therein against Dlugash.  The Court disagrees.  To be sure, the two "Abby Trusts" on which the clams in the FAC rest were not attached to the FAC.  Nor were the precise terms of the Abby Trusts set forth in the FAC.  Indeed, at the time of the filing of the FAC and Dlugash's motion, the two Abby Trusts had not even been located.  All of that said, the Court has concluded that the FAC is sufficiently certain and clear to support the claims against Dlugash.   

Since the time that Dlugash filed the motion, the two Abby Trusts have been located.  In light of that discovery, Plaintiff stated in her opposition to the motion that she intends to seek leave to amend the FAC.   Absent objection from Dlugash and/or his co-Defendant John Wolfe, the Court intends at the hearing on Dlugash's motion to grant Plaintiff leave to file a Second Amended Complaint to take into account the discovery of the Abby Trusts.