Norton

INTRODUCTION

Shortly before her death, the aunt of plaintiff Jane Norton amended her trust and disinherited Norton. Norton sued defendants William Gordon Hayter (a lawyer), Desmond D’Sa (an employee of Hayter), and Daneen Hearst (a notary) for claims arising out of their alleged involvement in the aunt’s decision. Norton voluntarily dismissed her claims against D’Sa and Hearst. Before Hearst was dismissed from the case, the trial court sustained Hearst’s demurrer, with leave to amend, as to three claims alleged against her in the first amended complaint, on the ground of uncertainty. The court sustained Hearst’s demurrer to the fourth claim— negligence—without leave to amend because, as alleged against her, it was barred by the applicable statute of limitations. Norton did not file an amended complaint. Hayter had neither filed a demurrer himself nor joined in Hearst’s demurrer. Nevertheless, Hayter filed an ex parte motion to dismiss the case as a result of, inter alia, Norton’s failure to amend the first amended complaint. The trial court granted the motion and dismissed the action. Norton’s failure to amend the first amended complaint in response to Hearst’s demurrer and the…