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