Calstar LLC v. First Union National Bank

MEMORANDUM *

Calstar, LLC appeals the district court’s partial summary judgment and partial dismissal under Fed.R.Civ.P. 12(b)(6), resulting in dismissal of all parties and claims, in its diversity action against First Union National Bank, LaSalle National Bank, Lennar Partners, and Dechert, Price & Rhoads (“Dechert”) following this court’s remand in Calstar, LLC v. First Union Nat'l Bank, 35 Fed.Appx. 602 (9th Cir.2002) (“Calstar I”). We affirm.

I

Calstar’s breach of contract claims were properly dismissed in keeping with the law of the case because the allegations were not materially changed from those found insufficient in Calstar I. See Wyler Summit P’ship v. Turner Broad. Sys., Inc., 235 F.3d 1184, 1193 (9th Cir.2000).

II

Calstar’s argument that First Union, LaSalle, and Lennar were either parties to the contracts — in which case the breach of contract claims were properly pled — or were not parties to the contracts — in which case the interference claims were properly pled — fails because the breach of contract claims were properly dismissed not for the reason that the defendants were not parties to the contracts, but because Calstar did not allege sufficient facts to…