Integrated Financial Associates, Inc. v. Blanchard (In re Blanchard)
Opinion
Lead Opinion
Scottclarkson, J.
ORDER DISMISSING ADVERSARY PROCEEDING
On December 17, 2015, the Court conducted a hearing on three motions to dis *21 miss the complaint in the above adversary-proceeding. The Court heard argument on the Motion to Dismiss Second Claim for Relief Pursuant to Federal Rule of Bankruptcy Procedure (“Bankruptcy Rule”) 7012 and Federal Rule of Civil Procedure (“Rule”) 12(b)(6) [Adv. Dk. 13] (“Trustee’s Motion to Dismiss”) filed by Chapter 11 Trustee/Plan Administrator, Richard M. Pachulski (“Trustee”); the Motion to Dismiss Fourth Claim for Relief [Adv. Dk. 22] (“CRB’s Motion to Dismiss”) filed by California Republic Bank (“CRB”); and the Motion to Dismiss Fifth Claim for Relief [Adv. Dk. 24] (“CC Borego’s Motion to Dismiss”) filed by CC Borego LLC (“CC Borego”) who also joined in the Trustee’s Motion to Dismiss [see Joinder, Adv. Dk. 25] (collectively, “Motions to Dismiss”). 1 Integrated Financial Associates, Inc. (“IFA”) filed oppositions to: the Trustee’s Motion to Dismiss [Adv. Dk. 18], CRB’s Motion to Dismiss [Adv. Dk. 36], and CC Borego’s Motion to Dismiss [Adv. Dk. 35], and replies were filed by the Trustee [Adv. Dk. 21], CRB [Adv. Dk. 41], and CC Bore-go [Adv. Dk. 42],