Alvarez

ORDER (1) REMANDING THE COUNTERCLAIM AGAINST COUNTER-DEFENDANT REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND THE CROSS-CLAIM AGAINST CROSS-DEFENDANT CITY OF SAN BERNARDI-NO; AND (2) DENYING THE MOTION BY COUNTERDEFENDANT REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND CROSS-DEFENDANT CITY OF SAN BERNARDINO TO DISMISS THE COUNTERCLAIM AND CROSS-CLAIM UNDER FED. R. CIV. P. 12(b)(6)

The court, Judge Robert J. Timlin, has read and considered counterdefendant Redevelopment Agency of the City of San Bernardino (“RDA”)’s and Cross-defendant City of San Bernardino (“City”)’s (“Counterdefendant”)’s motion to dismiss Counterclaimants/cross-claimants Raymundo Lopez (“Lopez”), Christina Speer (“Speer”) Antonio Yniguez (“Yniguez”), Carmen Sanchez (“C.Sanchez”), Manuel Sanchez (“M.Sanchez”), and Guillermina Jiminez (“Jiminez”) (“ Counterclaim-ants/Cross-claimants”)’s counterclaim and cross-claim under Fed.R.Civ.P. 12(b)(6) (“Rule 12(b)(6)”), Counterclaimant/Cross-claimants’ opposition, and the RDA’s and City’s reply. Based on such considerations, the court concludes as follows:

I.

BACKGROUND

The United States Department of Housing and Urban Development (“HUD”) acquired…