AMTAX Holdings 279, LLC v. Montalvo Associates, LLC

Good Law
United States District Court, Southern District of CaliforniaMarch 2, 20213:20-cv-02478California2,508 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF CALIFORNIA

10 AMTAX HOLDINGS 279, LLC, an Case No.: 3:20-cv-02478-BEN-AGS Ohio limited liability company; and AMTAX HOLDINGS 123, LLC, an ORDER DENYING MOTION TO Ohio limited liability company, DISMISS PURSUANT TO

BRILLHART ABSTENTION

Plaintiffs,

v. [ECF No. 8]

MONTALVO ASSOCIATES, LLC, a California limited liability company; and AFFORDABLE HOUSING ACCESS, INC., a California corporation,

Defendants.

AMTAX Holdings 279, LLC (“AMTAX 279”) and AMTAX Holdings 123, LLC (“AMTAX 123,” and, collectively with AMTAX 279, “Plaintiffs”) are suing Montalvo Associates, LLC (“Montalvo”) and Affordable Housing Access, Inc. (“AHA,” and, collectively with Montalvo, “Defendants”) for declaratory judgment concerning Plaintiffs’ rights in two affordable housing developments in San Jose, California. See generally, Compl., ECF No. 1. Defendants filed a Motion to Dismiss pursuant to Brillhart abstention doctrine, arguing (1) the Court should avoid deciding state law…

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