Free Notice (Other) - District Court of California - California

Case 5:08-cv-00555-RS

Document 40

Filed 06/19/2008

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Stephen F. Yunker (CSB 110159) YUNKER & SCHNEIDER 655 West Broadway, Suite 1400 San Diego, California 92101 Telephone: (619) 233-5500 Facsimile: (619) 233-5535 Email: [email protected] Joseph N. Kravec, Jr. (PA ID No. 68992) SPECTER SPECTER EVANS & MANOGUE, P.C. The 26th Floor Koppers Building Pittsburgh, PA 15219 Telephone: (412) 642-2300 Facsimile: (412) 642-2309 Email: [email protected] James M. Pietz (PA ID No. 55406) PIETZ LAW OFFICE Mitchell Building 304 Ross Street, Suite 700 Pittsburgh, PA 15219 Telephone: (412) 288-4333 Facsimile: (412) 288-4334 Email: [email protected] Attorneys for Plaintiff MICHELLE T. WAHL, on behalf of herself and all others similarly situated UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION MICHELLE T. WAHL, on behalf of herself and all others similarly situated, Plaintiff, ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. C08-00555 RS CLASS ACTION PLAINTIFF'S NOTICE OF DECLINING TO AMEND SIXTH CAUSE OF ACTION FOR VIOLATIONS OF THE CONSUMERS LEGAL REMEDIES ACT

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TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that plaintiff MICHELLE WAHL, on behalf of herself and all persons similarly situated, hereby respectfully declines to amend the Sixth Cause of Action for Violations of the Consumers Legal Remedies Act stated in the First Amended Complaint herein,
C08-00555 RS PLAINTIFF'S NOTICE OF DECLINING TO AMEND SIXTH CAUSE OF ACTION FOR VIOLATIONS OF THE CONSUMERS LEGAL REMEDIES ACT

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Case 5:08-cv-00555-RS

Document 40

Filed 06/19/2008

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which opportunity to amend was allowed by the Court pursuant to its Order Granting in Part and Denying in Part Motion to Dismiss dated 6/16/08. Plaintiff respectfully contends that the Sixth Cause of Action was adequately alleged, but Plaintiff recognizes that the pertinent scope of the Consumers Legal Remedies Act will be determined in Fairbanks v. Superior Court , 64 Cal.Rptr.3d 623 (Cal.App. 2007), petition for review granted, 68 Cal.Rptr.3d 273 (2007), the case now pending before the California Supreme Court. In the event that Fairbanks case is decided such that the pertinent scope of the Consumers Legal Remedies Act could include this case, then plaintiff will bring the appropriate motion before this Court to have the Sixth Cause of Action reconsidered. PLEASE NOTE FURTHER that, pursuant to Rule 15(a)(3) the Rules of Civil Procedure, plaintiff respectfully submits that the response of defendant AMERICAN SECURITY INSURANCE COMPANY to the First Amended Complaint must be made within ten (10) days after e-service of this Notice.

Dated:

June 19, 2008

Respectfully submitted, SPECTER SPECTER EVANS & MANOGUE, P.C. PIETZ LAW OFFICE YUNKER & SCHNEIDER

By:

/s/ Stephen F. Yunker Stephen F. Yunker, one of the attorneys for Plaintiff Michelle T. Wahl and the Plaintiff Class

C08-00555 RS PLAINTIFF'S NOTICE OF DECLINING TO AMEND SIXTH CAUSE OF ACTION FOR VIOLATIONS OF THE CONSUMERS LEGAL REMEDIES ACT

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