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BERGER v. HOME DEPOT U.S.A., INC.

No. CV06 757 AC(RNBX).

476 F.Supp.2d 1174 (2007)

Benjamin BERGER, individually and on behalf of all other similarly situated and the general public, Plaintiff, v. The HOME DEPOT U.S.A., INC., a Delaware Corporation, dba The Home Depot and Does 1 through 50, inclusive, Defendant(s).

United States District Court, C.D. California.

February 26, 2007.

Attorney(s) appearing for the Case

Gerald James Strenio, Graig R. Woodburn, Taras Kick, Kick Law Firm, Los Angeles, CA, Paul M. Weiss, Freed and Weiss, Chicago, IL, for Plaintiff.

Allan E. Ceran, Rodi Pollock Pettker Galbraith & Cahill, Los Angeles, CA, Catharine B. Wooten, Dwight J. Davis, Frederica Joy White, S. Stewart Haskins, King and Spalding, Atlanta, GA, for Defendants.

ORDER GRANTING MOTION TO DISMISS FIFTH CAUSE OF ACTION OF THE SECOND AMENDED COMPLAINT FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED

GUILFORD, District Judge.

In his Second Amended Complaint ("SAC"), Benjamin Berger ("Plaintiff') sues for breach of contract in his Fifth Cause of Action, which here will be called a Claim for Relief. Defendant Home Depot U.S.A., Inc. ("Defendant") has performed all express terms of the contract....

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