Stonebrae LP v. Toll Bros Inc et al

Filing 137

ORDER re December 16, 2009, Hearing. Signed by Judge Edward M. Chen on 12/15/2009. (emclc1, COURT STAFF) (Filed on 12/15/2009)

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1 2 3 4 5 6 7 8 9 10 v. TOLL BROS., INC., et al., Defendants. ___________________________________/ Plaintiff has filed a motion for leave to file a second amended complaint ("SAC"), which is set for hearing on December 16, 2009. The Court orders the parties to be prepared to discuss the following at the December 16 hearing. (1) The state court decision Storek & Storek, Inc. v. Citicorp Real Estate, Inc., 100 Cal. STONEBRAE, L.P., Plaintiff, No. C-08-0221 EMC ORDER RE DECEMBER 16, 2009, HEARING UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 App. 4th 44 (2002). (2) Whether the Purchase Agreement requires a Default Notice to be sufficiently specific such that Stonebrae could cure the default without further information or cooperation from Toll. If so, then what implied covenant of good faith and fair dealing was breached? If not, then isn't there an implied covenant to cooperate? IT IS SO ORDERED. Dated: December 15, 2009 _________________________ EDWARD M. CHEN United States Magistrate Judge

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