Cornerstone Construction Material, LLC v. FEC Future Contractors and Engineers, Inc.

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United States District Court Central District of California

11 CORNERSTONE CONSTRUCTION Case No. 2:23-cv-00955-ODW (AJRx)

MATERIAL, LLC,

12 Plaintiff, ORDER DENYING DEFENDANTS’ 13 v. MOTION TO DISMISS [62]

FEC FUTURE CONTRACTORS AND

15 ENGINEERS, INC. et al.,

16 Defendants. 17 I. INTRODUCTION Plaintiff Cornerstone Construction Material, LLC brings this action against 20 Defendants FEC Future Contractors and Engineers, Inc. (“FEC”) and Old Republic 21 Surety Company (“ORSC”) (collectively “Defendants”) for the alleged breach of 22 construction materials supply contracts. (Fourth Am. Compl. (“FoAC”), ECF No. 59.) 23 FEC now moves under Federal Rule of Civil Procedure (“Rule”) 12(b)(6) to dismiss 24 Plaintiff’s first through sixth causes of action. (Mot. Dismiss (“Motion” or “Mot.”), 25 ECF No. 62.) For the following reasons, the Court DENIES Defendant’s Motion.1 26

28 1 Having carefully considered the papers filed in connection with the Motion, the Court deemed the matter appropriate for decision without oral…