Opinion
Case No.: 1:11-CV-00222-OWW-DLB
08-10-2011
EDVARD ESHAGH, on behalf of himself and all others similarly situated Plaintiff, v. THE TERMINIX INTERNATIONAL COMPANY L.P., a limited partnership; TERMINIX INTERNATIONAL, INC. Defendants.
CHRISTOPHER J. BORDERS SBN 135901 HINSHAW & CULBERTSON LLP Attorneys for Defendants THE TERMINIX INTERNATIONAL COMPANY L.P., a limited partnership; TERMINIX INTERNATIONAL, INC.
CHRISTOPHER J. BORDERS SBN 135901
HINSHAW & CULBERTSON LLP
Attorneys for Defendants THE
TERMINIX INTERNATIONAL
COMPANY L.P., a limited partnership;
TERMINIX INTERNATIONAL, INC.
ORDER GRANTING MOTION TO DISMISS COMPLAINT
Hon. Oliver W. Wanger
THIS CAUSE COMING TO BE HEARD ON Motion of Defendants to Dismiss Plaintiff's Complaint (the "Motion"), due notice having been given, oral argument on the Motion having been heard on July 11, 2011, and the Court having issued its Memorandum Decision on July 25, 2011,
IT IS HEREBY ORDERED THAT:
(1) Count I (California Unfair Competition Law (Business and Professions Code §17200, et seq.)) and Count II (California UCL - False Advertising Law (Business and Professions Code §17500, et seq.)) are DISMISSED, without prejudice;
(2) Count III (Breach of Professional Duty) and Count V (Assumpsit) are time-barred and are DISMISSED with prejudice;
(3) Count IV (Breach of Contract and Duty of Fair Dealing) based on contracts other than Exhibit 1 to the Complaint are DISMISSED, without prejudice;
(4) Plaintiff shall file an amended complaint within 20 days following electronic service of the Court's July 25, 2011 Memorandum Decision. Defendants shall file their responsive pleading within 15 days following service of an amended complaint.
SO ORDERED.
Honorable Oliver W. Wanger
U.S. DISTRICT COURT JUDGE