Kenneally

ORDER

The matters before the Court are (1) the Motion to Dismiss the First Amended Complaint filed by Defendants Bosa California, LLC and Bosa Development California, Inc. (collectively, “Bosa”) (Doc. # 23); (2) the Motion to Dismiss the First Amended Complaint filed by Defendants Bank of Nova Scotia and HSBC Bank USA, N.A. (collectively, “Lenders”) (Doc. # 24); and (3) the Motion to Dismiss the First Amended Complaint and the Motion to Strike Certain Allegations in the First Amended Complaint, filed by Defendant First American Title Co. (“First American”) (Doc. # 46 and 47).

I. Background

On September 18, 2009, Plaintiff initiated this action by filing a Complaint in this Court. (Doc. # 1).

On November 20, 2009, Plaintiff filed a First Amended Complaint. (Doc. # 3).

A. Allegations of the First Amended Complaint

Bosa and the Lenders are each “developers] of Bayside ..., a recently completed condominium tower in San Diego, California.” (Id. ¶¶ 5-7, 9). “First American is the designated escrow holder for Bay-side.” (Id. ¶ 8).

“In November 2006 Plaintiff ... signed a form purchase contract provided by Bosa ... to purchase unit No. 2302 in Bayside and deposited the sum of…