Andrews Farms v. Calcot, Ltd.

ORDER ON PLAINTIFFS’ PARTIAL SUMMARY JUDGMENT MOTION (Doc. 170)

Introduction

Plaintiffs Andrews Farms and Greg Pal-la and members of a class certified as described below (collectively “Plaintiffs”) move for partial summary judgment and summary adjudication against defendant Calcot, Ltd. (“Calcot”) for constructive fraud and deceit based on fiduciary relationship (third cause of action); (2) accounting (fourth cause of action); and (3) breach of contract (fifth cause of action). In addition, Plaintiffs move for summary adjudication in their favor on thirty (30) of Calcot’s affirmative defenses. Plaintiffs argue that this Court’s prior orders — to deny a motion to dismiss and to deny summary judgment — establish factual elements of their claims based on the “law of the case” doctrine. Plaintiffs’ argument demonstrates a lack of understanding of the Federal Rules of Civil Procedure and well-settled case law regarding federal law and motion practice. In addition, Plaintiffs fails to bear their burden to establish why judgment should be entered in their favor on their causes of action and Calcot’s 30 affirmative defenses. For the following reasons, this Court GRANTS summary…