Hardisty

Hardisty v. Moore

Good Law
6 F. Supp. 3d 1044·2014 WL 1064131·2014 U.S. Dist. LEXIS 36190
United States District Court, Southern District of CaliforniaMarch 18, 2014Case No. 11cv1591 AJB (BLM)California9,915 words

Opinion

Lead Opinion

Battaglia, J.

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT

Presently before the Court is Defendants Harold Maxine Moore (“Hal Moore”), Elaine K. Moore, aka Melanie K. Moore (“Melanie Moore”), State Insulation, LLC, an Arizona limited liability company (“State Insulation — Arizona”), State Insulation, LLC, a Nevada limited liability company (“State Insulation — Nevada”) (collectively, “State Insulation”), the 1998 Harold M. Moore Revocable Trust (“the Trust”), and Mark Peluso’s (“Peluso”) (collectively, “Defendants”) motion for summary judgment. (Doc. No. 59.) Plaintiff John T. Hardisty (“Plaintiff’) filed on opposition on December 23, 2013, (Doc. No. 65), and Defendants filed a reply on January 13, 2014, (Doc. No. 74). The Court held a hearing on the motion on March 11, 2014. (Doc. No. 79.) For the reasons set forth below, the Court GRANTS IN PART and DENIES IN PART Defendants’ motion for summary judgment. 1 (Doc. No. 59.)

BACKGROUND

1. Factual Background

This action arises from Defendant Hal Moore’s investment in a limited liability company known as Legacy Pointe LLC (“Legacy Pointe” or “the Company”), which was formed in or around 2007 to acquire,…

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