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IN RE CMR MORTG. FUND, LLC

Bankruptcy No. 08-32220 TEC. Adversary No. 08-3148-TC.

416 B.R. 720 (2009)

In re CMR MORTGAGE FUND, LLC, a California limited liability company, Debtor. CMR Mortgage Fund, LLC, a California limited liability company, Plaintiff, v. Canpartners Realty Holding Company IV LLC, a Delaware limited liability company; SCD Kunia, LLC, a Hawaii limited liability company; and Stanford Carr, an individual, and Does 1 through 20, inclusive, Defendants.

United States Bankruptcy Court, N.D. California.

May 8, 2009.

Attorney(s) appearing for the Case

Elizabeth Berke-Dreyfuss, Michael D. Cooper, Penn Ayers Butler, Wendel, Rosen, Black & Dean LLP, Oakland, CA, for Plaintiff.

Jeremy Rosenthal, Sidley, Austin, Brown and Wood, Los Angeles, CA, Ryan Sandrock, Sidley Austin LLP, Douglas R. Young, Farella, Braun and Martel, Racheal Turner, Richard Van Duzer, San Francisco, CA, for Defendants.

MEMORANDUM DECISION RE CANPARTNERS 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...

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