Zaldana v. KB Home et al

Filing 103

ORDER GRANTING IN PART AND DENYING IN PART 84 FIRST AMERICAN DEFENDANTS' MOTION TO DISMISS; DENYING 83 KB HOMES' MOTION TO DISMISS. Signed by Judge Maxine M. Chesney on March 26, 2010. (mmcsec, COURT STAFF) (Filed on 3/26/2010)

1 2 3 4 5 6 7 8 9 10 For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Before the Court are two Motions to Dismiss plaintiff Hugo Zaldana's ("Zaldana") Third Amended Complaint, each filed October 1, 2009, and brought, respectively, by (1) defendants First American Title Company ("FATC"), First American Title Insurance Company ("FATIC"), and First American Corporation ("FAC") (collectively, "First American defendants") and (2) defendant KB Home. By order filed December 9, 2009, the Court took the motions under submission. On March 26, 2010, the above-titled action came before the Court for a Case Management Conference, at which counsel for all parties to said action appeared. At the Conference, the Court addressed the above-referenced motions, afforded counsel for the moving and opposing parties an opportunity to be heard, and announced its tentative rulings. United States District Court HUGO ZALDANA, individually, and on behalf of all others similarly situated, Plaintiff, v. KB HOME, et al., Defendants. / No. C-08-3399 MMC ORDER GRANTING IN PART AND DENYING IN PART FIRST AMERICAN DEFENDANTS' MOTION TO DISMISS; DENYING KB HOMES' MOTION TO DISMISS IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

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By the instant order, the Court adopts its tentative rulings and, for the reasons stated on the record at the Conference, rules as follows: 1. To the extent the First American defendants seek dismissal of defendants FATIC and FAC, the motion is hereby GRANTED, with leave to amend; in all other respects, the motion is hereby DENIED. 2. KB Homes' motion is hereby DENIED. 3. Zaldana's Fourth Amended Complaint, if any, shall be filed no later than April 23, 2010; any amendments shall be limited to those necessary to cure the deficiencies noted with respect to the sufficiency of the allegations against FATIC and FAC. IT IS SO ORDERED.

Dated: March 26, 2010

MAXINE M. CHESNEY United States District Judge

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