River Colony Estates General Partnership v. Bayview Financial Trading Group, Inc.

ORDER GRANTING IN PART AND DENYING IN PART THE MOTION FOR SUMMARY JUDGMENT OF DEFENDANTS BAYVIEW FINANCIAL TRADING GROUP, INC., BAYVIEW FINANCIAL TRADING GROUP, L.P., AND BFTG HOLDING COMPANY, INC. AGAINST ALL PLAINTIFFS

Presently before the Court in the above-captioned matter is the motion of defendants Bayview Financial Trading Group, Inc., Bayview Financial Trading Group, L.P., and BFTG Holding Company, Inc.’s (collectively, “the Bayview defendants” or “Bayview”) for summary judgment or partial summary judgment against all plaintiffs. For the reasons discussed below, the Court grants in part and denies in part Bayview’s motion for summary judgment.

I. Background

A. Factual Background

This case arises out of the sale of River Colony, a 300-unit condominium complex located in the Mission Valley area of San Diego.

There are two classes of plaintiffs in this lawsuit: corporate plaintiffs and individual plaintiffs. The corporate plaintiffs are River Colony Estates General Partnership, River Colony (U.S.) ■ Limited Partnership, and River Colony Management, Inc. The individual plaintiffs are several hundred Canadian residents who invested in River Colony.

Kerry Dix (“Mr.Dix”),…