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Civil Rights: Other | California Central
Motion Hearing
MINUTES OF DEFENDANTS JEFFREY MELCHING AND JESSICA SANDERS' MOTION TO DISMISS SECOND AMENDED COMPLAINT (DOC. NO. 174) held before Magistrate Judge Daniel S. Roberts: Case is called. The parties state their appearances for the record. Plaintiff Jeffrey Gu appears as an attendee via Zoom videoconference. Ira Rivin, on behalf of Defendants Melching and Sanders, appears in person. The Court confers with counsel and takes the matter under submission. Court Recorder: C/S 09/22/2026. (lkr)
Report and Recommendation (Issued)
REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE RE: (1) SPECIAL MOTION TO STRIKE BY RISEWELL DEFENDANTS (DOC. NO. 151 ); (2) MOTION TO COMPEL ARBITRATION BY RISEWELL DEFENDANTS (DOC. NO. 152 ); (3) SPECIAL MOTION TO STRIKE BY BERT L. HOWE & ASSOCIATES (DOC. NO. 167 ); AND (4) MOTION TO DISMISS BY BERT L. HOWE & ASSOCIATES (DOC. NO. 168 ) issued by Magistrate Judge Daniel S. Roberts. For the foregoing reasons, the Court lacks subject-matter jurisdiction over Plaintiff's claims against the Risewell Defendants and Bert Howe. Accordingly, the Court should not, and indeed cannot, address the various motions filed by those parties, as it has no power to do so. Instead, the Court recommends that Defendants Risewell Homes Inc., The New Home Company Southern California LLC, TNHC Realty and Construction, Inc, and Bert L. Howe & Associates LLC be DISMISSED from this case for lack of subject-matter jurisdiction, without prejudice to Plaintiff's ability to pursue his claims against them in a court having proper jurisdiction to consider those claims. (SEE DOCUMENT FOR FURTHER INFORMATION.) (lkr)
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