Darnell v. Zia Trust, Inc.

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO ____________________ CLIFF W. DARNELL, and MARY B. DARNELL, Plaintiffs, vs. No. 1:21-CV-125 ZIA TRUST, INC. and DARRYL W. MILLET, Defendants. MEMORANDUM OPINION AND ORDER DENYING DEFENDANT ZIA TRUST, INC.’S MOTION TO DISMISS THIS MATTER comes before the Court following Defendant Zia Trust, Inc.’s Motion to Dismiss (Doc. 22) for failure to state a claim. In relevant part, Defendant Zia Trust (“Defendant” or “Zia Trust”) argues that Plaintiffs’ three claims are barred by: (1) Defendant’s formal acceptance as successor trustee in…