Opinion
NO: 1:07-CV-01043-OWW-DLB
09-08-2011
ENNS PONTIAC, BUICK, & GMC TRUCK , a California Corporation; EARL L. ENNS and ESTHER J. ENNS as Trustees of the 2004 Enns Family Trust; and HAROLD J. ENNS and PATRICIA L. ENNS as Trustees for the Family Trust, Plaintiffs, v. ORELIA FLORES, an individual; SACHIKO YAMAGUCHI, as administrator to THE ESTATE OF SIETO YAMAGUCHI; THE ESTATE OF SIETO YAMAGUCHI, deceased; PATRICIA CLOTHIER and CAROLYN WHITESIDES, as administrators to THE ESTATE OF HERBERT LEE; PATRICIA CLOTHIER and CAROLYN WHITESIDES, as administrators to THE ESTATE OF MABEL LEE; THE ESTATE OF MABEL LEE, deceased; THE ESTATE OF HERBERT LEE, deceased; REEDLEY STEAM LAUNDRY; REEDLEY DRY CLEANING WORKS; JOHN PEARCE, an individual; PATSY MARTINEZ, an individual; LOUIE MARTINEZ, an individual, Defendants.
Jeffery L. Caufield, Esq. (SBN 166524) Kenneth E. James, Esq. (SBN 173775) CAUFIELD & JAMES, LLP Attorneys for Plaintiffs Enns Pontiac, Buick, & GMC Truck, Earl L. Enns & Esther Enns as Trustees of the 2004 Enns Family Trust, Harold J. Enns & Patricia L. Enns as Trustees for the Family Trust
Jeffery L. Caufield, Esq. (SBN 166524)
Kenneth E. James, Esq. (SBN 173775)
CAUFIELD & JAMES, LLP
Attorneys for Plaintiffs Enns Pontiac, Buick, & GMC Truck, Earl L. Enns & Esther
Enns as Trustees of the 2004 Enns Family Trust, Harold J. Enns & Patricia L. Enns
as Trustees for the Family Trust
ORDER REGARDING DEFENDANTS' MOTIONS TO
DISMISS SECOND AMENDED COMPLAINT
Judge: Oliver W. Wanger TO EACH PARTY AND THEIR ATTORNEY OF RECORD:
Pursuant to the Court's August 29, 2011 Memorandum Decision and Order Re Defendants' Motion to Dismiss Second Amended Complaint ("SAC") and having considered the motions, memoranda, declarations, exhibits filed, and arguments made during the June 20, 2011 hearing in connection with (1) Defendant Sachiko Yamaguchi, as administrator to the Estate of Sieto Yamaguchi's motion to dismiss Plaintiffs' SAC, and (2) Defendants Patricia Clothier and Carolyn Whitesides as administrators for the Estate of Herbert Lee and the Estate of Mabel Lee (together, the "Lee Administrators"), the Estate of Herbert Lee, the Estate of Mabel Lee, Reedley Steam Laundry, and Reedley Dry Cleaning Works' (collectively, "Lee Defendants") motion to dismiss the SAC, the Court ORDERED the following:
1. Sachiko Yamaguchi's motion to dismiss is DENIED.
2. The Lee Defendants' motion to dismiss is GRANTED in part and DENIED in part as follows:
a. GRANTED WITH PREJUDICE as to the Estate of Herbert Lee and the Administrators of the Estate of Herbert Lee; and
b. DENIED as to the Estate of Mabel Lee and the Administrators of the Estate of Mabel Lee.
IT IS SO ORDERED.
Oliver W. Wanger
UNITED STATES DISTRICT JUDGE