Plaintiffs initiated this action on November 24, 2008, by filing a six-count verified complaint claiming breach of fiduciary duty, negligence, and encroachment and seeking damages, declaratory judgment, and injunctive relief. Defendants moved to dismiss Plaintiffs complaint in its entirety on January 20, 2009, and Plaintiffs opposed the motion through a written opposition filed on March 2, 2009. The parties were heard on April 5, 2009.
A decision of todays date has issued in favor of Defendants. Accordingly, it is hereby
ADJUDGED and ORDERED that Counts I, II, III, and V of Plaintiffs Complaint are dismissed without prejudice for lack of subject matter jurisdiction; and it is further
ADJUDGED and ORDERED that Counts IV and VI of Plaintiffs Complaint are dismissed with prejudice for failure to state a claim upon which relief can be granted.
By the court. (Scheier, C.J.)
Attest:
Deborah J. Patterson
Recorder
Dated: August 21, 2009
GERALD R. GRASSO, GLORIA J. GRASSO, and JANET HINTLIAN v. DOUGLAS COHEN, CERISE JALELIAN, and JOAN ZEOLI, Individually and as Trustees of the CENTRE VILLAGE CONDOMINIUM ASSOCIATION and CENTRE VILLAGE CONDOMINIUM ASSOCIATION