Flores

Flores v. Emerich & Fike

Good Law
416 F. Supp. 2d 885·2006 WL 449101·2006 U.S. Dist. LEXIS 9011
United States District Court, Eastern District of CaliforniaFebruary 21, 20061:05 CV 0291 OWW DLBCalifornia9,071 words

Opinion

Opinion

Wanger, J.

ORDER GRANTING MOTION TO STRIKE (DOC. 34) AND MOTION TO DISMISS (DOC. 33/35).

I. INTRODUCTION

This is the third ease filed by Joe and Connie Flores (“Plaintiffs”) concerning a series of packing and marketing agreements entered into between Plaintiffs and DDJ, Inc., DDJ LLC, and related entities and individuals. DDJ, Inc., and DDJ LLC filed for Chapter 7 Bankruptcy Protection on January 3, 2005. Shortly thereafter, on March 1, 2005, Plaintiffs filed the instant complaint (Flores III), naming as defendants a number of individuals involved with DDJ and affiliated corporate entities (the “DDJ Defendants”). The Flores III complaint also names as defendants the law firm of Emerich & Fike and several individual attorneys at that firm (collectively, the “Fike Defendants”) who represent many of the DDJ Defendants.

The Fike Defendants move to dismiss and/or strike all of the claims against them. Specifically, the Fike Defendants move to dismiss the eighth cause of action (civil RICO) and to strike the second (malicious prosecution), third (abuse of process), fourth (violation of the uniform fraudulent transfer act), seventh (conversion), ninth (negligent interference with contract),…

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