Eshagh v. Terminix International

Filing 30

ORDER GRANTING Motion to Dismiss Complaint, signed by Judge Oliver W. Wanger on 8/10/2011. (Kusamura, W)

CHRISTOPHER J. BORDERS SBN 135901
[e-mail]
2 HINSHAW & CULBERTSON LLP
One California Street, 18th Floor
3 San Francisco, CA 94111
Telephone: [phone]
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Attorneys for Defendants THE
TERMINIX INTERNATIONAL
COMPANY L.P., a limited partnership;
6 TERMINIX INTERNATIONAL, INC.
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FRESNO DIVISION

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EDVARD ESHAGH, on behalf of himself ) Case No.: 1:11-CV-00222-OWW-DLB
and all others similarly situated
)
) ORDER GRANTING MOTION TO
Plaintiff,
) DISMISS COMPLAINT
)
vs.
)
)
THE TERMINIX INTERNATIONAL
) Hon. Oliver W. Wanger
COMPANY L.P., a limited partnership;
)
TERMINIX INTERNATIONAL, INC.
)
) Complaint Filed: February 8, 2011
Defendants.
)
THIS CAUSE COMING TO BE HEARD ON Motion of Defendants to Dismiss
Plaintiff’s Complaint (the “Motion”), due notice having been given, oral argument on the

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Motion having been heard on July 11, 2011, and the Court having issued its
Memorandum Decision on July 25, 2011,
IT IS HEREBY ORDERED THAT:
(1)

Count I (California Unfair Competition Law (Business and Professions

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Code §17200, et seq.)) and Count II (California UCL – False Advertising Law (Business
and Professions Code §17500, et seq.)) are DISMISSED, without prejudice;
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ORDER GRANTING MOTION TO DISMISS COMPLAINT - CASE NO. 1:11-CV-00222-OWW-DLB

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(2)

Count III (Breach of Professional Duty) and Count V (Assumpsit) are time-

barred and are DISMISSED with prejudice;
(3)

Count IV (Breach of Contract and Duty of Fair Dealing) based on contracts

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other than Exhibit 1 to the Complaint are DISMISSED, without prejudice;
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(4)

Plaintiff shall file an amended complaint within 20 days following

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electronic service of the Court’s July 25, 2011 Memorandum Decision. Defendants shall

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file their responsive pleading within 15 days following service of an amended complaint.

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SO ORDERED.
DATED: August 10, 2011
_____________________

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/s/

/s/ OLIVER W. WANGER

Honorable Oliver W. Wanger
U.S. DISTRICT COURT JUDGE

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CAPTION
CASE NO. 1:11-CV-00222-OWW-DLB

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