Hidalgo et al v. CL Medical Inc. et al
ORDER GRANTING DEFENDANT'S PARTIAL MOTION TO DISMISS WITHOUT LEAVE TO AMEND; VACATING HEARING 12 (Illston, Susan) (Filed on 12/20/2012)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
SHEILA HIDALGO and FERNANDO
No. C 12-5664 SI
ORDER GRANTING DEFENDANT’S
PARTIAL MOTION TO DISMISS
WITHOUT LEAVE TO AMEND;
CL MEDICAL INC., et al.,
United States District Court
For the Northern District of California
On November 5, 2012, defendant CL Medical Inc. (“CL Medical”) removed this case from San
Francisco County Superior Court. On November 13, 2012, CL Medical filed a motion to dismiss for
failure to state a claim under Fed. R. C. P. 12(b)(6) and for failure to plead fraud with particularity as
required by Fed. R. C. P. 9(b). The motion seeks dismissal only of count 6 (fraud), count 7 (fraud by
concealment) and count 8 (negligent misrepresentation) in plaintiffs’ complaint.
On December 19, 2012, plaintiffs filed a statement of non-opposition to the motion.
Accordingly, pursuant to Local Rule 7-1(b), the Court determines that this matter is appropriate for
resolution without oral argument and VACATES the hearing scheduled for December 21, 2012. For
good cause shown, the Court GRANTS defendant’s partial motion to dismiss WITHOUT LEAVE TO
IT IS SO ORDERED.
Dated: December 20, 2012
United States District Judge
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