Appel

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF CALIFORNIA

HOWARD APPEL, et al., Case No. 18-cv-873-BAS-MDD

Plaintiffs, ORDER GRANTING IN PART

AND DENYING IN PART

DEFENDANT’S MOTION TO v. DISMISS FIRST AMENDED COMPLAINT

BOSTON NATIONAL TITLE

AGENCY, LLC, [ECF No. 77]

Defendant.

17 Boston National Title Agency, LLC’s moves to dismiss Plaintiffs’ First Amended Complaint. (“Mot.,” ECF No. 77.) Plaintiffs Howard Appel, David Cohen, and Ke’e Partners LLC oppose the Motion, (“Opp’n,” ECF No. 80). The Court finds resolution of this matter is suitable without the need for oral argument. See Civ. L.R. 7.1(d)(1). For the reasons discussed below, the Court GRANTS IN PART AND DENIES IN PART Boston National’s Motion. I. BACKGROUND In June 2017, Plaintiffs signed a Bidder Registration Agreement with Concierge Auctions, LLC, to participate in Concierge’s “Summer Portfolio Sale” 27 …