McVey ex rel. Bittersweet Distributors, Inc. v. McVey ex rel. Estate of McVey
Opinion
Lead Opinion
Morrow, J.
ORDER GRANTING MOTION TO DISMISS
On August 9, 2012, Michael McVey (“plaintiff’) filed this action against Dawn McVey (“defendant”). 1 Ms. McVey passed away on April 19, 2013, and the court thereafter entered an order on the parties’ stipulation to substitute Colin McVey, Ms. McVey’s executor, as the defendant in the action, and to permit plaintiff to file an amended complaint naming him as the defendant. 2 On August 2, 2013, plaintiff filed a first amended complaint against Colin McVey as executor, trustee, and representative of the Dawn M. McVey Living Trust, and as personal representative of Dawn McVey (“defendant”). 3 On August 22, 2013, defendant filed a motion to dismiss, 4 which plaintiff opposes. 5 At the December 2, 2013 hearing on the motion, the court directed the parties to file supplemental briefing. Supplemental briefs were filed December 9, 2013.
I. BACKGROUND
A. Requests for Judicial Notice
Defendant requests that the court take judicial notice of six documents in deciding his motion to dismiss: 7 (1) Dawn McVey’s *983 bench brief from the marital dissolution action between plaintiff and Dawn McVey in state court; 8 (2) notice of entry of judgment in the state…