Park Miller, LLC v. Durham Group, Ltd.

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 PARK MILLER, LLC, et al., Case No. 19-cv-04185-WHO

8 Plaintiffs,

ORDER GRANTING IN PART AND

9 v. DENYING IN PART MOTION TO

DISMISS THE SECOND AMENDED

10 DURHAM GROUP, LTD., et al., COMPLAINT; DENYING MOTION

FOR SANCTIONS

Defendants. 11 Re: Dkt. Nos. 33, 37

12

13 Plaintiff Park Miller LLC (“Park Miller”), a wealth advisory firm, advised its clients to 14 invest in defendant Durham Group, Ltd. (“DGL”). Multiple promissory notes were executed 15 between those clients and DGL. DGL defaulted on the promissory notes, for which the plaintiff 16 clients (“the contracting plaintiffs”) bring breach of contract claims.1 Plaintiffs name DGL, Craig 17 McGrain, the president and owner of DGL, and other allegedly related corporations owned by 18 McGrain (Durham Commercial Capital Corp. (“DCC”), First Austin Funding Corp. (“First 19 Austin”), and Maasai Holdings LLC (“Maasai Holdings”)) as defendants that engaged in fraud by 20 misrepresenting and concealing the financial status of DGL. Park Miller…