Calstar LLC v. First Union National Bank

*604 MEMORANDUM **

Plaintiff-Appellant Calstar, LLC (“Calstar”) appeals from orders granting the motions to dismiss without leave to amend and the motions for attorney’s fees by defendant-appellees Capital Company of America LLC, Dechert, Price & Rhodes, First Union National Bank, Lennar Partners, Inc., LaSalle National Bank, and Commercial Mortgage Asset Trust.

On November 20, 2000, Judge Real held a hearing and granted defendants’ motions to dismiss without leave to amend. Judge Real held two other hearings on January 16, 2001, and February 5, 2001, and granted the motions for attorney’s fees in the amounts requested by the defendants.

The parties are familiar with the facts and we do not recite them in detail here. Dismissal of a complaint is disfavored and should only be granted in “extraordinary” cases. United States v. City of Redwood City, 640 F.2d 963, 966 (9th Cir.1981); see also Conley v. Gibson, 355 U.S. 41, 45-46 , 78 S.Ct. 99 , 2 L.Ed.2d 80 (1957) ( “A complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.”); Lewis v. Tel.…