Lopes

ORDER GRANTING IN PART WITH LEAVE TO AMEND AND DENYING IN PART DEFENDANT GENSKE, MULDER & COMPANY’S MOTION TO DISMISS (Doc. 9) AND DEFENDANT DOWNEY BRAND LLP’S MOTION TO DISMISS (Doc. 11)

Plaintiffs Manual and Mariana Lopes dba Lopes Dairy; Raymond Lopes, Joseph Lopes and Michael Lopes, individually and dba Westside Holstein; Alvarado Machado and Tony Estevan filed a Complaint on September 11, 2006. Defendants are George and Mary Vieira; California Milk Market, a California Corporation; Valley Gold, LLC, a California limited liability company; Genske, Mulder LLP, a California limited liability partnership; Anthony Cary; Downey Brand LLP, a California limited liability partnership; Central Valley Dairymen, Inc., a California Food and Agriculture Nonprofit Cooperative Association (CVD); and Does 1-100.

Defendants Genske, Mulder & Company (hereinafter referred to as Genske) and Downey Brand LLP (hereinafter referred to as Downey) have each filed motions to dismiss the Second Cause of Action (securities fraud), the Third Cause of Action (violation of California securities law), the Fifth Cause of Action(negligenee) and the Sixth Cause of Action (misrepresentation) for failure to…