In addition, since it appears that moving defendants represented the partnership, not plaintiffs, the fiduciary relationship required for this cause of action is not present. There is no fiduciary relationship, and the claim is barred by the statute of limitations. Although the court is doubtful that the defects can be cured, since this is the first pleading which has been challenged by demurrer, and since the plaintiffs have attempted to oppose the demurrer, the Court, in an abundance of caution, is granting plaintiffs leave to amend to address the defects set forth in the demurrer. The minute order is effective immediately. No formal order is required, but moving party is directed to send a copy of the minute order to plaintiffs.
Any amounts retained in excess thereof are to be returned to the judgment debtor.
Compliance to be without objections on or before April 26, 2001. Sanctions are denied as the motion was not opposed. The minute order is effective immediately. No formal order or further notice is required, the tentative ruling providing sufficient notice. There is no proof of jurisdictional service or service of the moving papers in the court file.