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

DEFENDANT’S MOTION TO

DISMISS THIRD AMENDED

v. COMPLAINT

BOSTON NATIONAL TITLE [ECF No. 101]

AGENCY, LLC,

15 Defendant. 16 17 Presently before the Court is Defendant Boston National Title Agency, LLC’s Motion to Dismiss Third Amended Complaint. (“Mot.,” ECF No. 101.) Plaintiffs Howard Appel, David Cohen, and Ke’e Partners LLC filed an opposition to the Motion, (“Opp’n,” ECF No. 102), to which Defendant replied, (“Reply,” ECF No. 103). 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” services would be provided…