Legal Opinion
CMR Mortgage Fund, LLC v. Canpartners Realty Holding Co. IV LLC (In Re CMR Mortgage Fund, LLC)
United States Bankruptcy Court, N.D. California
Decided May 8, 2009No. 15-43115PublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM DECISION RE CAN-PARTNERS REALTY HOLDING CO. IV LLC’S MOTION TO DISMISS
THOMAS E. CARLSON, Bankruptcy Judge.
Upon due consideration, and for the reasons stated below, the motion to dismiss filed by Canpartners Realty Holding Co. IV LLC is granted with leave to amend as to all claims except the claim for declaratory relief, which is dismissed without leave to amend.
FACTS
This dispute arises out of a $97,000,000 loan to Halekua Development Corporation (“HDC”). Defendant Canpartners Realty Holding Co. IV LLC (“Canyon”) and Plaintiff CMR Mortgage Fund, LLC (“CMR”) funded HDC’s acquisition…
2Cases cited30 opinions
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- International Audiotext Network, Inc. v. American Telephone and Telegraph CompanyCourt of Appeals for the Second Circuit · 1995
- Parrino v. FHP, Inc.Court of Appeals for the Ninth Circuit · 1998
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