JD BROTHERS LLC v. LIBERTY ASSET MANAGEMENT CORPORATION, 15-cv-01373-VC. (2016)
Court: District Court, N.D. California
Number: infdco20161026b58
Visitors: 16
Filed: Oct. 24, 2016
Latest Update: Oct. 24, 2016
Summary: ORDER DENYING MOTION TO DISMISS CROSS-CLAIMS Re: Dkt. No. 118 VINCE CHHABRIA , District Judge . The Court has subject matter jurisdiction because the cross-claims relate to the same "transaction or occurrence" as the original action — the purchase and sale of 166 Geary Street, San Francisco, CA — and the cross-claims were brought against a coparty. Fed. R. Civ. P. 13(g); see Third Am. Compl. 8-9, 98, 106; Cross-Claim 15-18, 36-46. The cross-claims and the complaint's claims share a
Summary: ORDER DENYING MOTION TO DISMISS CROSS-CLAIMS Re: Dkt. No. 118 VINCE CHHABRIA , District Judge . The Court has subject matter jurisdiction because the cross-claims relate to the same "transaction or occurrence" as the original action — the purchase and sale of 166 Geary Street, San Francisco, CA — and the cross-claims were brought against a coparty. Fed. R. Civ. P. 13(g); see Third Am. Compl. 8-9, 98, 106; Cross-Claim 15-18, 36-46. The cross-claims and the complaint's claims share a ..
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ORDER DENYING MOTION TO DISMISS CROSS-CLAIMS
Re: Dkt. No. 118
VINCE CHHABRIA, District Judge.
The Court has subject matter jurisdiction because the cross-claims relate to the same "transaction or occurrence" as the original action — the purchase and sale of 166 Geary Street, San Francisco, CA — and the cross-claims were brought against a coparty. Fed. R. Civ. P. 13(g); see Third Am. Compl. ¶¶ 8-9, 98, 106; Cross-Claim ¶¶ 15-18, 36-46. The cross-claims and the complaint's claims share a "common nucleus of operative fact" such that they "would normally be tried together." Bahrampour v. Lampert, 356 F.3d 969, 978 (9th Cir. 2004).
The cross-claimants have standing because they clearly allege an ownership interest in HK Grace. Cross-Claim ¶¶ 13, 21, 28, 32-33, 37. And for similar reasons, the assertions by the cross-defendants regarding the ownership status of HK Grace cannot, at the pleading stage, defeat the cross-claims.
Accordingly, the motion to dismiss the cross-claims is denied.
IT IS SO ORDERED.
Source: Leagle
