Chinitz
Chinitz v. Intero Real Estate Services
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 6 RONALD CHINITZ, et al., Case No. 18-cv-05623-BLF
Plaintiffs,
ORDER GRANTING IN PART AND
v. DENYING IN PART DEFENDANT'S
MOTION TO DISMISS
INTERO REAL ESTATE SERVICES,
Defendant.
12 Before the Court is Defendant Intero’s motion to dismiss the first amended complaint filed by Plaintiffs Ruby Mitchell and Edward J. Kelly, who were recently substituted into this case as named Plaintiffs. See Mot., ECF 217. Plaintiffs oppose this motion. See Opp’n, ECF 219. The Court GRANTS the motion with regard to Plaintiffs UCL claim, which they concede, and DENIES the motion as to Plaintiffs’ other claims. The Court notes the unusual posture of this motion. The Court has already granted class certification, see Class Cert. Order, ECF 126, and ruled on summary judgment motions from both Parties, see MSJ Order, ECF 191. On the eve of the summary judgment hearing, Plaintiffs’ counsel filed a…