U.S. EX REL. KENT v. AIELLO

CIV. Nos. S-92-345 LKK, S-92-300.

836 F.Supp. 720 (1993)

UNITED STATES of America, ex rel. Karyl A. KENT; and Karyl A. Kent, in her own behalf, Plaintiff, v. Frank AIELLO, individually and as a General Partner and Owner of Portola Senior Apartments, Ltd.; Beverly Aiello, individually and as a General Partner and Owner of Portola Senior Apartments, Ltd.; Frank Aiello and Beverly Aiello as alter egos of the CBM Group, Inc., a California corporation, and R.S. Management Co., an entity; the CBM Group, Inc., a California corporation, itself, and as an agent of the Farmers Home Administration, an agency within the Government of the United States; R.S. Management Co., itself, and as an agent of the Farmers Home Administration, an agency within the Government of the United States, Defendants.

United States District Court, E.D. California.

November 2, 1993.


Attorney(s) appearing for the Case

William Patterson Cashill, Reno, NV, for plaintiff.

Kelly J. Paur, Segal & Kirby, Sacramento, CA, for defendants Aiello.

Hardy, Erich, Brown & Wilson, Sacramento, CA, for defendant the CBM Group.


ORDER

KARLTON, Chief Judge Emeritus.

This matter is before the court on defendants Frank Aiello, Beverly Aiello, and R.S. Management Co.'s motions to dismiss plaintiff's first claim for failure to plead fraud with sufficient particularity pursuant to Fed. R.Civ.P. 9(b), and her second claim for failure to state a cause of action pursuant to Fed.R.Civ.P. 12(b)(6).1 For the reasons explained below, both motions are denied...

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