Scarff

Scarff v. Intuit, Inc.

Good Law
318 F. App'x 483
United States Court of Appeals for the Ninth CircuitNovember 24, 2008No. 07-15458California1,765 words

Opinion

Lead Opinion

MEMORANDUM **

Edward L. Scarff and two partnerships in which he has an ownership interest, Scarff, Sears & Associates (“SSA”) and Pentoga Partners (“Pentoga”) (collectively “plaintiffs”), appeal the district court’s (1) grant of Intuit, Inc., Computing Resources, Inc. (“CRI”), Kelly Hvengholm, *485 and Lisa Ciccotti’s (collectively “defendants”) Federal Rule of Civil Procedure 12(b)(6) motion to dismiss the plaintiffs’ negligence claim; (2) denial of the plaintiffs’ motion for leave to present “further argument”; and (3) grant of the defendants’ motion for summary judgment on plaintiffs’ fraud and conversion claims.

We affirm the district court’s (1) denial of the plaintiffs’ motion for leave to present “further argument” and (2) grant of the defendants’ motion for summary judgment as to plaintiffs SSA and Pentoga only. We reverse the district court’s (1) grant of the defendants’ Rule 12(b)(6) motion to dismiss the negligence claim; (2) grant of the defendants’ motion for summary judgment as to plaintiff Scarff; and (3) grant of the defendants’ motion for summary judgment as to defendants Intuit and CRI.

1. Negligence Claim

We review claims of error in a district court’s order…

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