Wipfli v. Martin

The record, briefs, and argument of counsel suggest several issues that could be discussed, such as: Is a motion to “delete a party” a motion to strike and is it appealable? Did the defendant Fidelity waive the insufficiency of the complaint by not raising the question by demurrer or answer? Did the court err in not granting the motion to amend the complaint before trial? Did the court err in denying the motion to review its order denying the motion for leave to amend?

The crucial issue is whether the plaintiff should be permitted to amend the complaint to state a direct cause of action…