Kevin Do et al v. First Financial Security, Inc., et al

Filing 60

JUDGMENT OF DISMISSAL OF CASE by Judge Stephen V. Wilson: JUDGMENT is hereby entered against Plaintiffs and in favor of defendant First Financial Security, Inc., defendant Phillip Gerlicher and defendant Laura Manzer. Defendants, or any of them, may apply for costs or fees if appropriate, pursuant to the procedures of Federal Rule of Civil Procedure 54 and Local Rule 54. (gk)

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JUDGMENT OF DISMISSAL OF CASE
Plaintiffs filed the initial Complaint in this matter on September 30, 2014.

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The initial Complaint alleged causes of action for breach of contract, unjust

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enrichment, defamation and violation of California Business and Professions Code

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Section 16600 and 17200. All causes of action were alleged against defendant First

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Financial Security, Inc. (“FFS”), and the defamation cause of action was alleged

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against defendants FFS, Phillip Gerlicher and Laura Manzer.

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Defendants filed a motion to dismiss and motion to stay pending arbitration
(Dkt Nos. 14, 15, 11/14/14.) The grounds raised in the motion to dismiss were lack

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of subject matter jurisdiction and failure to state a claim upon which relief can be

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granted. The Court granted the motion to dismiss, with leave to amend, on the

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grounds that the Court lacked subject matter jurisdiction, and denied the motion for

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arbitration as moot. (Dkt. No. 24, 12/15/14.)

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On January 20, 2015, Plaintiffs filed a First Amended Complaint. (Dkt. No.

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26.) The First Amended Complaint contained three causes of action: breach of

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contract, violation of California Business and Professions Code §§ 16600 and

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17200, and “tortious interference with prospective business advantage.” FFS was

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named in all three causes of action. The tortious interference claim was alleged

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only as to Gerlicher and Manzer. The First Amended Complaint omitted the unjust

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enrichment claim and the defamation claim against FFS, Gerlicher and Manzer.

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On February 5, 2015, Defendants once again moved to (1) dismiss for lack of

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subject matter jurisdiction and failure to state a claim, and (2) compel arbitration

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and stay. (Dkt. Nos. 31, 32.) The Court once again dismissed for lack of subject-

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matter jurisdiction with leave to amend, and denied the motion to compel

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arbitration as moot. (Dkt. No. 39, 03/19/15.)

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On April 8, 2015, Plaintiffs filed a Second Amended Complaint. (Dkt. No.

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40.) The Second Amended Complaint named only FFS and not Gerlicher or

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Manzer. The Second Amended Complaint contained claims for breach of contract
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[PROPOSED] JUDGMENT OF DISMISSAL

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and violation of California Business and Professions Code §§ 16600 and 17200.

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The “tortious interference” claim was omitted from the Second Amended

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Complaint.
On April 22, 2015, FFS moved to dismiss the Second Amended Complaint

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on the grounds that the Court lacks subject-matter jurisdiction, and move to compel

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arbitration and stay the action. (Dkt. Nos 43, 44.)
On July 1, 2015, the Court issued an Order dismissing the Second Amended

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Complaint with prejudice. (Dkt. No. 58.)
Accordingly, JUDGMENT is hereby entered against Plaintiffs and in favor

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of defendant First Financial Security, Inc., defendant Phillip Gerlicher and

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defendant Laura Manzer.
Defendants, or any of them, may apply for costs or fees if appropriate,

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pursuant to the procedures of Federal Rule of Civil Procedure 54 and Local Rule

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54.

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Dated: July __, 2015

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________________________________
Hon. Stephen V. Wilson
Judge, U.S. District Court

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[PROPOSED] JUDGMENT OF DISMISSAL