Gildon v. Simon Property Group, Inc.

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Madsen, J.

Valarie Gildon filed suit against Simon Property Group, Inc., and several fictitious defendants for personal injuries based on negligence and premises liability theories. She did not expressly name the premises owner, Northgate Mall Partnership (Northgate *487Mall Partnership or Partnership), as a defendant. Based on this failure, Simon Property moved to dismiss Gildon’s suit under CR 12(b)(7). Gildon moved to amend her complaint to add the Partnership and Simon Property Group, L.P., but the trial court denied the motion, ruling that the amendment would not relate back due to Gildon’s…