S and V LLC v. Lowe's Home Centers, LLC

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 S AND V LLC, Case No. 19-cv-06640-KAW

Plaintiff, ORDER GRANTING DEFENDANT'S

MOTION TO DISMISS AND MOTION

v. TO STRIKE

LOWE'S HOME CENTERS, LLC, Re: Dkt. Nos. 7, 8 Defendant.

12 Plaintiff S and V LLC filed the instant case against Defendant Lowe’s Home Centers, LLC, asserting claims related to the Easements, Covenants, Conditions, and Restrictions (“ECCRs”) that govern the use of certain real property. (Compl., Dkt. No. 1-1.) Pending before the Court are Defendant’s motion to dismiss and Defendant’s motion to strike the attorney’s fee demand. (Def.’s Mot. to Dismiss, Dkt. No. 7; Def.’s Mot. to Strike, Dkt. No. 8.) Having considered the parties’ filings, the relevant legal authorities, and the arguments made at the December 19, 2019 hearing, the Court GRANTS Defendant’s motions. I. BACKGROUND Plaintiff and Defendant each own real property in the Commercial…