Eric Lay

The plaintiff brought a motion seeking to consolidate two related actions, add a new plaintiff, and amend its pleadings to include claims for defamation and breach of a duty of good faith.

The court held that the two actions should not be formally consolidated but ordered that they be listed for trial consecutively.

The proposed defamation claim and addition of a new plaintiff were refused because the pleadings lacked the particularity required for defamation and would not survive a motion to strike.

The proposed claim for breach of a duty of good faith was also rejected because such a duty cannot stand as an independent cause of action separate from breach of contract.

Certain amendments pleading material facts were allowed, while others were dismissed for improperly pleading evidence rather than material facts.

Following an unsuccessful motion seeking removal of estate trustees, the court addressed the costs consequences of the motion.

Applying Rule 57.03(1) of the Rules of Civil Procedure, the court held that costs should ordinarily be fixed and payable immediately rather than reserved to trial.

The court rejected arguments that estate litigation principles justified deferring or shifting costs to the estate, finding the moving parties were effectively advancing creditor‑type claims against the estate rather than beneficiary claims.

The court awarded one set of partial indemnity costs to the responding parties, allocating the amount between the estate and the trustees personally while avoiding duplication.

Costs were fixed at $13,500 payable jointly and severally by the moving parties.