Perth v. Davis et al

Filing 30

ORDER by Judge Charles R. Breyer denying 17 Motion to Dismiss. (crblc1, COURT STAFF) (Filed on 10/14/2008)

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1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA JOHN ERIC PERTH, Plaintiff, v. LOUIS DAVIS and SUE ANN DAVIS, Defendants. / No. C 08-03115 CRB ORDER Now pending before the Court is the motion of defendant Sue Ann Davis to dismiss the claim for conversion on the ground that plaintiff cannot state a claim as a matter of law. After carefully considering the parties' papers, the Court concludes that oral argument is unnecessary, see Local Rule 7-1(b), and DENIES the motion. The allegation that Ms. Davis and her husband converted $404,876.00 of plaintiff's money to their own use, by, among other things, using it to repay a $400,000.00 construction loan, Complaint 57, is sufficient to state a claim for conversion. The parties are directed to appear for an initial case management conference at 8:30 a.m. on Friday, October 17, 2008. IT IS SO ORDERED. Dated: October 14, 2008 CHARLES R. BREYER UNITED STATES DISTRICT JUDGE G:\CRBALL\2008\3115\orderredismiss.wpd 1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 G:\CRBALL\2008\3115\orderredismiss.wpd

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