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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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

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