The plaintiff, an elderly mother, brought a motion for a certificate of pending litigation against her daughter and son-in-law's family home, alleging they used her funds to purchase it.
The defendants argued the plaintiff's claims lacked substance and that she had previously transferred property to them with independent legal advice.
The court dismissed the motion for a certificate of pending litigation, finding that the plaintiff's delay, the availability of damages as an adequate remedy, and the debatable merits of her claim did not justify tying up the defendants' property.
The court also provided guidance on outstanding discovery refusals and adjourned that portion of the motion.
