District Council 16 Northern California Health and Welfare Trust Fund v. Hulsey Contracting Inc.
Opinion
trial_court Opinion
1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6
DISTRICT COUNCIL 16 NORTHERN
7 CALIFORNIA HEALTH AND WELFARE Case No. 20-cv-02863-JCS TRUST FUND, et al., 8 Plaintiffs, ORDER REGARDING MOTION TO 9 DISMISS THIRD-PARTY COMPLAINT v. 10 Re: Dkt. No. 43
HULSEY CONTRACTING INC.,
11 Defendant. 12 13 I. INTRODUCTION 14 Third-Party Plaintiffs Hulsey Contracting Inc. and Roberto Hulsey (collectively “HCI”) 15 bring a third-party complaint asserting a fraud claim under California state law against Third-Party 16 Defendants District Council No. 16 of the International Union of Painters and Allied Trades (the 17 “Union”) and Jeffrey B. Roberts. Third-Party Defendants now move to dismiss HCI’s claim for 18 lack of subject matter jurisdiction under Rule 12(b)(1) of the Federal Rules of Civil Procedure and 19 for failure to state a claim under Rule 12(b)(6). For the reasons discussed below, Third-Party 20 Defendants’ motion is GRANTED, and HCI’s fraud claim is DISMISSED without leave to amend 21 in this Court, but…