Free Notice (Other) - District Court of California - California

Case 3:08-cv-00443-BEN-POR

Document 28

Filed 09/08/2008

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Rebecca R. Weinreich, SB# 155684

:ITH LLP

Attorneys for Plaintiff and Counterdefendant New Hampshire Insurance Company UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA New Hampshire Insurance Company, v. Plaintiff, CASE NO. 08 CV 0443 BEN POR NEW HAMPSHIRE! INSURANCE COMPANY'S AMENDED NOTICE OF MOTION TO DISMISS PURSUANT TO RULE 12(b)(6) Date: September 29,2008 Time: 10:30 a.m. Courtroom: 3 The Honorable Roger T. Benitez

Mi Barur, Inc., Defendant. Mi Barur, Inc., Arsenio Farell and Norma Farell, Counter-Claimants, v. New Hampshire Insurance Company, Counter-Defendant.

r0 ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
PLEASE TAKE NOTICE that by agreement among the parties and after zonsultation with and approval by Bob Newmeyer, the motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) brought by plaintiff and counterdefendant New Hampshire Insurance Company will be heard on September 29.2008, not on September 22,2008 as previously noticed. The motion remains set for 10:30 a.m., or
1818-1437-9778.1

08 CV 0443 BEN POR NEW HAMPSHIRE'S AMENDED NOTICE OF MOTION TO DISMISS

Case 3:08-cv-00443-BEN-POR

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as soon thereafter as this matter can be heard, in Courtroom 3 of the above-entitled court located at 888 Front Street, San Diego, California. The opposition will be due on September 15,2008, and the reply on September 22,2008. This change in date is dictated by the unavailability of one of the attorneys due to a death in his immediate family. The motion will still seek an order dismissing, on the grounds that they fail to state a claim upon which relief can be granted, the following causes of action asserted in the First Amended Counterclaim:
1.

First Cause of Action by Arsenio Farell and Norma Farell (the Second Causes of Action by the Farells, individually, for Breach of the Third Cause of Action by Mi Barur, Inc. and the Farells for Promissory Fourth Cause of Action by Mi Barur, Inc. and the Farells for Negligent Fifth Cause of Action by Mi Barur, Inc. and the Farells for Negligent Sixth Causes of Action by the Farells for Intentional Infliction of Seventh Causes of Action by the Farells for Negligent Infliction of Eighth Cause of Action by the Farells for Libel; and Ninth Cause of Action by the Farells for Slander. -208 CV 0443 BEN POR NEW HAMPSHIRE'S AMENDED NOTICE OF MOTION TO DISMISS

"Farells"), individually, for Breach of Contract; 2. Implied Covenant of Good Faith and Fair Dealing ("bad faith");

3.
4.

Fraud - No Intent to Perform; Misrepresentation; 5. Salvage;

6.

Emotional Distress;

7.
8.
9.

Emotional Distress;

The motion will still be based upon the original Notice and this Amended
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Case 3:08-cv-00443-BEN-POR

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Filed 09/08/2008

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Notice as well as on the Memorandum of Points and Authorities, Request for Judicial Notice, Notice of Lodgment of Exhibits, Appendix of Non-Federal Authorities (all
bled August 18,2008), and upon all papers, pleadings and records on file in this

action.
DATED: September 8,2008

LEWIS BRISBOIS BISGAARD & SMITH LLP By Is/ Rebecca R. Weinreich Rebecca R. Weinreich Stephen V. Kovarik Attorneys for Plaintiff and Counterdefendant New Hampshire Insurance Company

4818-1437-9778.1

-308 CV 0443 BEN POR

NEW HAMPSHIRE'S AMENDED NOTICE OF MOTION TO DISMISS

Case 3:08-cv-00443-BEN-POR

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New Hampshire v. Mi Barur, Inc. - Case No. 08 CV 0433 BEN POR

CERTIFICATE OF SERVICE

STATE OF CALIFORNIA, COUNTY OF LOS ANGELES At the time of service, I was over 18 years of age and not a party to the action. My business ~ddress 221 North Figueroa Street, Suite 1200, Los Angeles, California 90012. I am employed in is the office of a member of the bar of this Court at whose direction the service was made. On September 8, 2008, I served the following document(s): NEW HAMSHIRE NSURANCE COMPANY'S AMENDED NOTICE OF MOTION TO DISMISS I'URSUANT TO RULE 12(B)(6). I served the documents on the following persons at the following addresses (including fax numbers and e-mail addresses, if applicable): William L. Banning, Esq. Edward M. Bull 111, Esq. BANNING MICKLOW & BULL, LLP 501 West Broadway, Suite 2090 San Diego, CA 92101 Phone: (619) 230-0030 Fax: (619) 230-1350 Philip E. Weiss, Esq. WEISS & JONES 1551 Shelter Island Drive San Diego, CA 92106 Co-Counsel for Defendant Mi Barur, Inc. [email protected] Phone: (619) 225-8884 Fax: (619) 225-8801

The documents were sewed by the following means:

[XI

(BY COURT'S CMECF SYSTEM) Pursuant to Local Rule, I electronically filed the documents with the Clerk of the Court using the CMECF system, which sent notification of that filing to the persons listed above.

I declare under penalty of perjury under the laws of the State of California that the above is true and correct. Executed on September 8,2008, at Los Angeles, California.

\

Robert Mendosa

CERTIFICATE OF SERVICE NEW HAMSHIRE V. MI BARUR (08 CV 0443 BEN POR)