Bishay

Bishay v. Icon Aircraft, Inc.

Good Law
United States District Court, Eastern District of CaliforniaJanuary 16, 20202:19-cv-00178California3,799 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SAMER BISHAY, No. 2:19-cv-00178-KJM-AC Plaintiff, v. ORDER ICON AIRCRAFT, INC., Defendant. 16 Plaintiff alleges he entered into a contract to purchase a limited edition aircraft from defendant, but defendant has refused to honor the parties’ agreement. Defendant now moves to dismiss plaintiff’s first amended complaint. As explained below, the court GRANTS the motion. I. BACKGROUND The court set forth the relevant facts in its order on the defendant’s first motion to dismiss and incorporates them by reference here. Order, ECF No. 18. In that order, the court dismissed plaintiff’s breach of contract claim for failure to allege facts showing the unenforceability of the limitation of liability clause in either of the parties’ two agreements. Order at 8. The court dismissed the CLRA and UCL claims for failure to plead facts supporting fraud claims with particularity as required by Federal…

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