Kapu Gems et al v. Diamond Imports, Inc. et al
Filing
42
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO DISMISS; AFFORDING PLAINTIFFS LEAVE TO AMEND. To the extent defendants seek dismissal on the ground that plaintiffs lack the capacity to sue, the motion is denied. In all o ther respects, the motion is granted, and plaintiffs are afforded leave to amend their First (Account Stated), Second (Breach of Contract), and Third (Conversion) Causes of Action. Plaintiffs' Amended Complaint shall be filed no later than February 5, 2016. Signed by Judge Maxine M. Chesney on January 15, 2016. (mmclc2, COURT STAFF) (Filed on 1/15/2016)
1
2
3
4
5
6
7
8
9
IN THE UNITED STATES DISTRICT COURT
For the Northern District of California
United States District Court
10
FOR THE NORTHERN DISTRICT OF CALIFORNIA
11
12
KAPU GEMS and KAPU GEMS LTD.,
No. C-15-3531 MMC
13
Plaintiffs,
ORDER GRANTING IN PART AND
DENYING IN PART DEFENDANTS’
MOTION TO DISMISS; AFFORDING
PLAINTIFFS LEAVE TO AMEND
14
v.
15
16
17
DIAMOND IMPORTS, INC. and YAIR
YACHDAV,
Defendants.
/
18
19
Before the Court is defendants’ motion to dismiss, filed September 18, 2015.
20
Plaintiffs have filed opposition, to which defendants have replied. Having read and
21
considered the papers filed in support of and in opposition to the motion, the Court, for the
22
reasons stated on the record at the hearing conducted this date in conjunction with the
23
Case Management Conference, rules as follows:
24
25
26
1. To the extent defendants seek dismissal on the ground that plaintiffs lack the
capacity to sue, the motion is DENIED.
2. In all other respects, the motion is GRANTED, and plaintiffs are afforded leave to
27
amend their First (Account Stated), Second (Breach of Contract), and Third (Conversion)
28
Causes of Action.
1
3. Plaintiffs’ Amended Complaint shall be filed no later than February 5, 2016.
2
IT IS SO ORDERED.
3
Dated: January 15, 2016
MAXINE M. CHESNEY
United States District Judge
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?