Abramson
Abramson v. Marriott Ownership Resorts, Inc.
Opinion
Lead Opinion
Guilford, J.
ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS PLAINTIFFS’ SECOND AMENDED COMPLAINT; GRANTING MOTION TO STRIKE AS MODIFIED; AND GRANTING PLAINTIFFS LEAVE TO AMEND
Plaintiffs Norman Abramson and Car-reen E. Abramson sued Defendant Marriott Ownership Resorts, Inc. and four other corporate entities: Marriott Vacations Worldwide Corporation; Marriott Resorts, Travel Company Inc.; Marriott Resorts Hospitality Corporation; and First American Trust, FSB. The Abramsons assert five claims, all under California state law. Defendants filed a Motion to Dismiss Plaintiffs’ Second Amended Complaint (“SAC”) for failure to state a claim, and also seeking to strike class allegations.
The Court GRANTS the Motion to Dismiss and GRANTS as modified Defendants’ request to strike class allegations, as discussed in this Order. The Court also GRANTS the Abramsons leave to file an amended pleading within 30 days of this Order. Before discussing these holdings, the Court must first discuss its power to rule in this case.
1. SUBJECT MATTER JURISDICTION
The Constitution limits the power of federal courts to rule. See U.S. Const, art. Ill, § 2. The courts police their exercise of power themselves. See…