ORDER DENYING DEFENDANT'S MOTION TO DISMISS PLAINTIFF'S THIRD CLAIM FOR RELIEF
FONG, Chief Judge.
This matter is before the court on defendant Founders Title Group Inc.'s ("Founders") motion to dismiss plaintiff Resco, Inc.'s ("Resco") Third Claim For Relief in its First Amended Complaint pursuant to Fed.R.Civ.P. 12(b)(6). Based on the arguments of counsel, the pleadings, files and record therein, the court denies defendant's motion to dismiss.
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