The plaintiff sued her siblings, who were the estate trustees of their parents' estates, alleging breach of fiduciary duty, conversion of personal property, and intentional infliction of mental suffering.
The defendants moved to strike the claim as disclosing no reasonable cause of action or, alternatively, for summary judgment.
The plaintiff cross-moved for leave to amend her claim.
The court granted the plaintiff leave to amend her claim and dismissed the defendants' motion, finding that the amended claim raised genuine issues for trial regarding the alleged breaches of trust and mental distress that could not be resolved summarily.