Opinion
Case No. 1:03-CV-05439-OWW-DLB, (Consolidated with 1:03-CV-5774 OWW SMS and Stanislaus County Superior Court Case No. 322675).
February 2, 2011
D. Greg Durbin, # 81749, John M. Dunn, # 166482, Daniel S. Cho, # 260902, McCormick, Barstow, Sheppard, Wayte Carruth LLP, Fresno, CA, Attorneys Plaintiffs, Defendants and Cross-Defendants FOX HOLLOW OF TURLOCK OWNERS ASSOCIATION and CALIFORNIA EQUITY MANAGEMENT GROUP, INC. and Defendant and Cross-Defendant ANDREW KATAKIS.
ORDER GRANTING IN PART, CROSS-DEFENDANTS' MOTION TO DISMISS CROSS-COMPLAINT, OR IN THE ALTERNATIVE, SEVER AND STAY CROSS-COMPLAINT
Cross-Defendants FOX HOLLOW OF TURLOCK OWNERS ASSOCIATION, CALIFORNIA EQUITY MANAGEMENT GROUP, INC., and ANDREW KATAKIS ("Cross-Defendants"), having (1) filed their Motion to Dismiss Cross-Complaint, or in the Alternative, to Sever and Stay Cross-Complaint on September 3, 2010 ("Motion to Stay") [Docket # 431], and (2) also having filed their Alternative Motion for More Definite Statement on September 3, 2010 ("Motion for More Definite Statement") [Docket # 434], both of which are as to the Cross-Complaint filed herein on August 10, 2010 [Docket # 425] by Cross-Complainants GREGORY MAUCHLEY, RICHARD SINCLAIR, and BRANDON SINCLAIR, and the Court having issued its Memorandum of Decision on January 21, 2011, granting such Motion to Stay, with exceptions as set forth below, and terminating without prejudice such Motion for More Definite Statement, and providing notice thereof to the parties through the electronic filing system:
NOW, THEREFORE, IT IS HEREBY ORDERED that Cross-Defendant's Motion to Dismiss Cross-Complaint, or in the Alternative, to Sever and Stay Cross-Complaint filed on September 3, 2010 [Docket # 431] as to the Cross-Complaint filed herein on August 10, 2010 [Docket # 425] be and hereby is granted and Defendants' cross-claims are STAYED, except for claims arising out of (i) Cross-Defendants' alleged breach of the 2007 settlement agreement, and (ii) Cross-Defendants' alleged conduct during and after trial of the state court action;
IT IS HEREBY FURTHER ORDERED that Cross-Defendants may file a separate motion regarding the claims that are not stayed within fifteen days (15) following service of this Court's Memorandum of Decision served on January 21, 2011;
IT IS HEREBY FURTHER ORDERED that Cross-Defendants' Alternative Motion for More Definite Statement filed on September 3, 2010 [Docket # 434], as to the Cross-Complaint filed herein on August 10, 2010 [Docket # 425] be and hereby is terminated without prejudice in light of the stay.
IT IS SO ORDERED.
Dated: February 1, 2011