CRV Imperial-Worthington, LP v. Gemini Insurance

ORDER GRANTING MOTION TO DISMISS THIRD AMENDED COMPLAINT

On May 12, 2010, Plaintiffs CRY Imperial-Worthington, LP, Watermark Granite La Quinta, LLC, IC-Lemoore, LP, and Innovative Communities, Inc. filed a complaint against Gemini Insurance Company (“Gemini”). (Doc. No. 1.) On May 25, 2010, Plaintiffs filed a first amended complaint. (Doc. No. 3.) On August 4, 2010, 2010 WL 6110043 , the Court granted Defendant’s motion to dismiss the first amended complaint. (Doc. No. 8.) On September 3, 2010, Plaintiffs filed a second amended complaint. (Doc. No. 9.) On October 29, 2010, the Court granted Defendant’s motion to dismiss the second amended complaint. (Doc. No. 17.) On December 1, 2010, Plaintiffs filed their third amended complaint (“TAC”). (Doc. No. 18.) On December 13, 2010, Defendant filed its motion to dismiss the third amended complaint for failure to state a claim. (Doc. No. 20.) On January 10, 2011, Plaintiffs filed their opposition to the motion to dismiss. (Doc. No. 23.) On January 14, 2010, Defendant filed its reply to the opposition. (Doc. No. 24.) The Court held a hearing on the matter on January 24, 2011. Amy Simonson appeared on behalf of Plaintiffs. Howard Wollitz…