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GILDON v. SIMON PROPERTY GROUP, INC.

No. 76292-9.

145 P.3d 1196 (2006)

Valerie GILDON and Samuel Gildon, husband and wife and the marital community composed thereof, Respondents, v. SIMON PROPERTY GROUP, INC., d/b/a Northgate Mall, Petitioner, and "XYZ Corporations 1-5" and "John Does" and "Jane Does Nos. 1-5," and the marital communities composed thereof, Defendants.

Supreme Court of Washington, En Banc.

Decided October 26, 2006.

Attorney(s) appearing for the Case

James H. Jordan, Jr., Brian William Esler, Miller Nash LLP, Seattle, WA, for Petitioner.

Linda Lidie Brain, Attorney at Law, Bellevue, WA, for Respondents.

MADSEN, J.

¶ 1 Valerie Gildon filed suit against Simon Property Group, Inc. (Simon Property) 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 Mall 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...

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