Free Motion to Dismiss/Lack of Jurisdiction - District Court of California - California

Case 3:08-cv-00046-JM-JMA

Document 4

Filed 02/12/2008

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Timothy G. McNulty, Esq. (# 159227) MILBERG & DE PHILLIPS, P.C. 2163 Newcastle Avenue, Ste. 200 Cardiff by the Sea, CA 92007 Telephone: (760) 943-7103 Facsimile: (760) 943-6750 Email: [email protected] Attorneys for Defendant, MIRA MESA MARKETPLACE WEST, LLC

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

OUTERBRIDGE ACCESS ASSOCIATION, SUING ON BEHALF OF DIANE CROSS; and DIANE CROSS, An Individual, Plaintiffs, vs. HOME DEPOT U.S.A., INC. d.b.a. THE HOME DEPOT #6679; MIRA MESA MARKETPLACE WEST, LLC; AND DOES 1 THROUGH 10, Inclusive, Defendants.

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Case No.: 08 CV 0046 JM JMA NOTICE OF MOTION AND MOTION TO DISMISS BY DEFENDANT MIRA MESA MARKETPLACE WEST, LLC. [FRCP §§ 12(b)(1); 28 U.S.C. 1367(c)] Complaint Filed: January 8, 2008 Judge: Hon. Jeffery Miller Courtroom: 16 Date: March 21, 2008 Time: 1:30 pm. NO ORAL ARGUMENT UNLESS REQUESTED BY COURT

TO PLAINTIFFS AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that on March 21, 2008 in Courtroom 16 of the above entitled court, located at 940 Front Street, San Diego, California, Defendant MIRA MESA MARKETPLACE WEST, LLC., (hereinafter referred to as "Defendant") responds to the Complaint of Plaintiffs OUTERBRIDGE ACCESS ASSOCIATION, Suing on Behalf of DIANE CROSS, (hereinafter referred to as "Plaintiffs") by moving under Federal Rules of Civil 1

Case 3:08-cv-00046-JM-JMA

Document 4

Filed 02/12/2008

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Procedure §12(b)(1) for the Court to dismiss all state law causes of action of Plaintiffs' complaint for all of the reasons set forth in 28 USC §1367(c), especially in light of the conflict in California state law surrounding the California Unruh Act and Civil Code §52(a) after decision rendered in Gunther v. Lin 144 Cal. App. 4th 223 (2006).

This Motion is based on this Notice of Motion, the Memorandum of Points and Authorities in Support thereof, Defendant's Request of Judicial Notice, the Court's file and on all other matters presented by counsel.
Dated: February 12, 2008 MILBERG & DE PHILLIPS /s/ Timothy G McNulty By: __________________________________ Timothy G. McNulty Attorneys for Defendant, MIRA MESA MARKETPLACE WEST, LLC Email: [email protected]

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