SCC Alameda Point LLC v. City of Alameda et al

Filing 92

ORDER by Judge Charles R. Breyer granting in part and denying in part 35 Motion to Dismiss; granting 39 Motion to Dismiss; denying 40 Motion to Strike. (crblc2, COURT STAFF) (Filed on 10/21/2011)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court
For the Northern District of California

10
11
12
13
14

No. C 10-05178 CRB

SCC ALAMEDA POINT LLC,

ORDER

Plaintiff,
v.
CITY OF ALAMEDA, ET AL.,

15

Defendants.

/

16
17

For the reasons stated in open court, the Court orders as follows:

18

1. Alameda Defendants’ Motion to Dismiss Plaintiff’s Estoppel Claims is GRANTED

19
20
21
22
23

with prejudice and without leave to amend;
2. Alameda Defendants’ Motion to Dismiss Plaintiff’s Breach of Contract Claims is
DENIED;
3. Defendant Gallant’s Motion to Dismiss Plaintiff’s Fraud Claims is GRANTED
without prejudice and with leave to amend;

24

4. Defendant Gallant’s Motion to Strike is DENIED.

25

IT IS SO ORDERED.

26
27
28

Dated: October 21, 2011

G:\CRBALL\2010\5178\Order re MTD.wpd

CHARLES R. BREYER
UNITED STATES DISTRICT JUDGE