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Contract: Other | California Eastern
Order
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Chi Soo Kim on 8/21/2026 recommending that the 63 Motion for Summary Judgment be grant-in-part and denied-in-part and Plaintiff be granted summary judgment on its breach of implied warrant y of merchantability claim (claim two) and denied summary judgment on its breach of implied warranty for fitness claim (claim three) and breach of the implied covenant of good faith and fair dealing claim (claim seven). Referred to Judge John A. Mendez. Objections due within 14 after being served with these findings and Recommendations. (Deputy Clerk JJD)
Civil Rights: Other | California Eastern
Minute Order Order on Motion to Dismiss
MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Allison Claire on 08/21/2026. Plaintiff has filed a "Motion to Dismiss." ECF No. 59 . Because defendant Arrowhead Housing Corporation has appeared in this action, voluntary dismissal requires a stipulation signed by both plaintiff and counsel for defendant. Fed. R. Civ. P. 41(a)(1)(A)(ii). Accordingly, plaintiff's Motion to Dismiss 59 is DENIED. Should plaintiff seek dismissal of this action, he must have defendant Arrowhead Housing Corporation sign a stipulation agreeing to dismissal. Plaintiff is informed that because another lawsuit based in the same facts has previously been dismissed, see Storman v. The Arrowhead Housing, et al, Case No. 2:24-cv-03450-DJC-AC, dismissal of the present action would operate as an adjudication on the merits. See Fed. R. Civ. P. 41(a)(1)(B). (Text Only Entry) (Deputy Clerk JAA)
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