District Council 16 Northern California Health and Welfare Trust Fund v. Hulsey Contracting Inc.

Good Law
United States District Court, Northern District of CaliforniaJuly 2, 20213:20-cv-02863California4,488 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

DISTRICT COUNCIL 16 NORTHERN

CALIFORNIA HEALTH AND WELFARE Case No. 20-cv-02863-JCS TRUST FUND, et al., 8 Plaintiffs, ORDER REGARDING MOTION TO DISMISS THIRD-PARTY COMPLAINT v. Re: Dkt. No.

HULSEY CONTRACTING INC.,

11 Defendant. 12 I. INTRODUCTION Third-Party Plaintiffs Hulsey Contracting Inc. and Roberto Hulsey (collectively “HCI”) bring a third-party complaint asserting a fraud claim under California state law against Third-Party Defendants District Council No. 16 of the International Union of Painters and Allied Trades (the “Union”) and Jeffrey B. Roberts. Third-Party Defendants now move to dismiss HCI’s claim for lack of subject matter jurisdiction under Rule 12(b)(1) of the Federal Rules of Civil Procedure and for failure to state a claim under Rule 12(b)(6). For the reasons discussed below, Third-Party Defendants’ motion is GRANTED, and HCI’s fraud claim is DISMISSED without leave to amend in this Court, but…

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