In a knowing assistance claim based on Baden category 4 knowledge (knowledge of circumstances which would indicate the facts to an honest and reasonable person), the plaintiff need not plead that the defendant knew of the trustee's specific intention and purpose to deprive beneficiaries. It suffices to plead that the defendant had actual knowledge of circumstances constituting the elements of the dishonest and fraudulent design sufficient to make it apparent to an honest and reasonable person. Questions about the extent of deemed knowledge under the Baden categories are generally inappropriate for resolution at an interlocutory stage.
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