Free Memorandum in Opposition - District Court of California - California

Case 3:08-cv-02903-SC

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DONALD F. SETH, ESQ., CA SBN 92318 290 B Street, Suite 205 Santa Rosa, CA 95401 (707)545-6370 telephone (707)545-9770 facsimile Counsel for Plaintiffs AQUAIR VENTURES, LLC, ANTONIA CITRINO, and JOSEPH GEIGER

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

AQUAIR VENTURES, LLC, ANTONIA CITRINO, and JOSEPH GEIGER, Plaintiffs, v. GULF STREAM COACH, INC., and DOES 1 through 30, Defendants.

Case No. C 08-02903 SC

[PROPOSED] ORDER DENYING DEFENDANT'S MOTION TO DISMISS

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Date: August 1, 2008 Time: 10:00 a.m. Courtroom: 1 ____________________________

The motion of defendant GULF STREAM COACH, INC. ("GULF STREAM") to dismiss pursuant to FRCP Rule 12(b)(6) came on regularly for hearing before Honorable Samuel Conti. Plaintiffs ANTONIA CITRINO, JOSEPH GEIGER, and AQUAIR VENTURES, LLC appeared through their attorney Donald F. Seth of the Law Offices of

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_______________________________________ [PROPOSED] ORDER DENYING DEFENDANT GULF STREAM 'S MOTION TO DISMISS C 08-02903 SC

Donald F. Seth. Defendant GULF STREAM appeared through its attorney Dania M. Alvarengo of Coleman & Horowitt, LLP. The court, having read the papers and pleadings on file, finds as follows:

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1. The vehicle at issue in this action, a GULF STREAM Tour Master recreational vehicle ("RV"), was purchased by CITRINO and GEIGER using the name of a business entity, AQUAIR VENTURES, LLC ("AQUAIR"), at the suggestion of GULF STREAM'S authorized

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_______________________________________ [PROPOSED] ORDER DENYING DEFENDANT GULF STREAM 'S MOTION TO DISMISS -2C 08-02903 SC

dealer. CITRINO and GEIGER would not have formed AQUAIR, and would not have purchased the RV in AQUAIR'S name, but for GULF STREAM'S suggestion. 2. AQUAIR is the alter ego of CITRINO and GEIGER. AQUAIR had no separate identity from CITRINO and GEIGER in the purchase of the RV. 3. Dismissal of CITRINO and GEIGER'S claims would be unjust, and they should be allowed to pursue consumer remedies under the Song-Beverly Consumer Warranty Act. The above findings of fact having been made and good cause appearing, IT IS HEREBY ORDERED as follows: 1. GULF STREAM'S motion to dismiss all of CITRINO and GEIGER'S claims is hereby DENIED; and

the Song-Beverly Consumer Warranty Act is hereby DENIED. Dated: __________________, 2008 __________________________________ HON. SAMUEL CONTI SENIOR JUDGE, UNITED STATES DISTRICT COURT, NORTHERN DISTRICT OF CALIFORNIA