Hidalgo et al v. CL Medical Inc. et al

Filing 23

ORDER GRANTING DEFENDANT'S PARTIAL MOTION TO DISMISS WITHOUT LEAVE TO AMEND; VACATING HEARING 12 (Illston, Susan) (Filed on 12/20/2012)

1
2
IN THE UNITED STATES DISTRICT COURT
3
FOR THE NORTHERN DISTRICT OF CALIFORNIA
4
5
6

SHEILA HIDALGO and FERNANDO
HIDALGO,

7

No. C 12-5664 SI

Plaintiffs,

ORDER GRANTING DEFENDANT’S
PARTIAL MOTION TO DISMISS
WITHOUT LEAVE TO AMEND;
VACATING HEARING

v.
8
9

CL MEDICAL INC., et al.,
Defendants.

United States District Court
For the Northern District of California

10
11
12

/

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

13
failure to state a claim under Fed. R. C. P. 12(b)(6) and for failure to plead fraud with particularity as
14
required by Fed. R. C. P. 9(b). The motion seeks dismissal only of count 6 (fraud), count 7 (fraud by
15
concealment) and count 8 (negligent misrepresentation) in plaintiffs’ complaint.
16
On December 19, 2012, plaintiffs filed a statement of non-opposition to the motion.
17
Accordingly, pursuant to Local Rule 7-1(b), the Court determines that this matter is appropriate for
18
resolution without oral argument and VACATES the hearing scheduled for December 21, 2012. For
19
good cause shown, the Court GRANTS defendant’s partial motion to dismiss WITHOUT LEAVE TO
20
AMEND.
21
22
23
24
25
26
27
28

IT IS SO ORDERED.
Dated: December 20, 2012
SUSAN ILLSTON
United States District Judge