2 total
Claim against property appraiser struck without leave to amend based on absolute witness immunity.
The plaintiff sued two property appraisers he had retained for an improvident sale action, alleging their appraisals undervalued his condominium unit.
One of the defendant appraisers brought a motion to strike the claim under Rule 21.01(1)(b).
The court granted the motion, finding it plain and obvious the claim could not succeed because the appraiser was protected by absolute witness immunity for reports prepared for litigation.
Furthermore, the claim was entirely speculative as the improvident sale action had not yet been determined, meaning the plaintiff could not establish any damages.
The claim was struck without leave to amend.
Motion to add defendant's insurer dismissed as premature pending factual findings in underlying actions.
The plaintiff sought leave to amend his statement of claim to add the defendant's professional liability insurer as a defendant.
The plaintiff sought a declaration that his claim and another client's claim against the defendant constituted separate claims under the insurance policy, thereby maximizing available coverage.
The court dismissed the motion, finding that the proposed amendment was impossible of success because the coverage issue could not be determined until the underlying actions were finally decided, as previously held in a related application.
