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AAGARD v. PALOMAR BUILDERS, INC.

No. CIV.S-04-0825 FCDDAD.

344 F.Supp.2d 1211 (2004)

Jane E. AAGARD, d/b/a Designs by Jane, Plaintiff, v. PALOMAR BUILDERS, INC., Jeffrey D. Allen, Sue Tsai, Palomar Construction Co., and Todd Selk, Defendants.

United States District Court, E.D. California.

November 16, 2004.

Attorney(s) appearing for the Case

Steven H. Gurnee, Steven H. Gurnee and Associates, Roseville, CA, Anthony J. Biller, Pro Hac Vice, Coats and Bennett, Cary, NC, for Plaintiff.

Daniel N. Ballard, McDonough Holland and Allen PC, Sacramento, CA, for Defendants.

MEMORANDUM AND ORDER

DAMRELL, District Judge.

This matter comes before the court on plaintiff and counterclaim defendant Jane E. Aagard's ("Aagard") motion to dismiss counterclaims three through seven, brought by defendants and counterclaimants Palomar Builders, Inc., Jeffrey D. Allen, Sue Tsai, Palomar Construction Co., and Todd Selk (collectively, "Palomar"), for failure to state a claim upon which relief can be granted.1

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