C S Bio Co. v. Comerica Bank

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 C S BIO CO., et al., 10 Case No. 22-cv-05033-RS Plaintiffs, 11 v. ORDER GRANTING IN PART AND 12 DENYING IN PART MOTION TO

COMERICA BANK, DISMISS SECOND AMENDED

13 COMPLAINT Defendant. 14

15 16 I. INTRODUCTION 17 As described in prior orders, plaintiffs CS Bio Co. and CCS Management, LLC 18 (collectively “CS”) are related commercial entities who had a long-term banking relationship with 19 defendant Comerica Bank. CS brought this action alleging, in essence, that Comerica backtracked 20 on its promises to provide a new loan to fund the construction of improvements to a property CS 21 owned. The initial complaint was dismissed for failure to allege plausibly that Comerica made 22 misrepresentations on which CS reasonably relied. 23 The First Amended Complaint presented a slightly different factual basis and legal theory 24 to support the fraud and related…