The defendants brought a motion under Rule 21.01(1)(a) to strike the plaintiffs' claims for declaratory relief regarding express, resulting, and constructive trusts, as well as fraudulent conveyances.
The plaintiffs, who are judgment creditors, alleged that the defendants transferred properties to their spouses to defeat creditors.
The court dismissed the motion to strike, finding that the plaintiffs had pleaded sufficient facts to support their claims and that it was not plain and obvious the claims would fail.
The court also granted the plaintiffs' countermotion for a discovery plan.