Reynoso v. Chase Home Finance, LLC

Filing 28

ORDER RE SUPPLEMENTAL ALLEGATIONS IN SUPPORT OF FRAUD CLAIM.Signed by Judge Maria-Elena James on 10/29/2009. (mejlc3, COURT STAFF) (Filed on 10/29/2009) (Additional attachment(s) added on 10/29/2009: # 1 Certificate of Service) (mejlc1, COURT STAFF).

1 2 3 4 5 6 7 8 9 10 11 UNITED UNITED STATES DISTRICT COURT 12
For the Northern District of California

UNITED STATES DISTRICT COURT Northern District of California
JOSE DON REYNOSO, v. Plaintiff, No. C 09-02190 MEJ ORDER RE SUPPLEMENTAL BRIEFING ON FRAUD CLAIM

CHASE HOME FINANCE, Defendant. _____________________________________/

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The Court held oral argument in this matter on October 29, 2009. During the hearing, the Court addressed Defendant's Motion to Dismiss as to Plaintiff's fraud claim. Under Federal Rule of Civil Procedure 9(b), a plaintiff must plead the circumstances constituting fraud with particularity. These circumstances include the "time, place, and specific content of the false representations as well as the identities of the parties to the misrepresentations." Swartz v. KPMG LLP, 476 F.3d 756, 764 (9th Cir.2007) (quoting Edwards v. Marin Park, Inc., 356 F.3d 1058, 1066 (9th Cir.2004)). Because Plaintiff's First Amended Complaint does not set forth allegations in support of his fraud claim with the required specificity, Plaintiff's fraud claim does not comply with Rule 9(b). At the hearing, Plaintiff indicated that he would be able to supplement his allegations to provide the necessary facts in support of his fraud claim. Accordingly, the Court GRANTS Plaintiff leave to file a supplemental brief setting forth additional facts in support of his fraud claim. Any material or argument beyond the supplemental allegations regarding fraud will be stricken. Plaintiff shall file and serve his supplemental brief by December 3, 2009.

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For the Northern District of California

Defendant will thereafter have until December 10, 2009 to file a supplemental response. Following the close of briefing on this issue, the Court will issue its ruling on Defendant's pending Motion to Dismiss. IT IS SO ORDERED.

Dated: October 29, 2009

_______________________________ Maria-Elena James Chief United States Magistrate Judge

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