The defendants moved to strike the plaintiff's Statement of Claim under Rule 21.01(1)(b) of the Rules of Civil Procedure.
The plaintiff, who claimed an interest in a property destroyed by arson, sued the lender and the lender's lawyer for breach of contract, negligence, and breach of fiduciary duty regarding a construction mortgage.
The court struck the breach of contract claims because the plaintiff was not a party to the mortgage agreement.
The negligence and fiduciary duty claims against the lawyer were also struck because the lawyer owed no duty to the non-client plaintiff.
The motions were granted without leave to amend.
