The defendants brought a motion to strike the claim of a corporate plaintiff, Lake View Town Development Inc., alleging incorrect identification and lack of proper authorization.
The plaintiffs argued the motion was abandoned due to the defendants' failure to properly confirm it under Rule 37.10.1.
The court found that the defendants' counsel failed to confer with opposing counsel, falsely represented in Form 37B that they had, and failed to amend their motion materials as previously directed.
Consequently, the motion was deemed abandoned, and the plaintiffs were awarded costs.
