Philips Medical Capital, LLC v. Medical Insights Diagnostics Centers, Inc.

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTIONS TO DISMISS

Now before the Court are the motions to dismiss filed by Third-Party Defendant Philips Medical Systems North America, a division of Philips Electronics North America, Inc. (“PMSNA”) and by Cross-Defendant Phillips Medical Capital, LLC (“PMC”). Having carefully reviewed the parties’ papers, considered their arguments and the relevant legal authority, the Court hereby grants in part and denies in part the motions to dismiss by PMSNA and PMC.

BACKGROUND

This action arises out of the sale and/or lease of medical equipment to Cross-Complainant and Third-Party Plaintiff Medical Insights Diagnostic Centers, Inc. (“MIDC”). PMC filed a complaint against MIDC and Virgil L Williams, John A. Lynch, Arthur T. Gronner, as an individual and as a Trustee of the Arthur T. and Bonnie S. Gronner Trust Dated December 9,1993, and Arthur T. and Bonnie S. Gron-ner Trust Dated December 9, 1993 (“Gron-ner Trust”) (collectively referred to as “Counter-Claimants”) in the Superior Court of California in the County of Contra Costa. In essence, PMC alleges that Counter-Claimants and Third-Party Plaintiffs breached a Master Lease…