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BIO-HORTICULTURA LAS PARRITAS, S.A. DE C.V. v. AVIARA PARKWAY FARMS, INC.

Civil No. 14cv0892-WQH-DHB.

BIO-HORTICULTURA LAS PARRITAS, S.A. de C.V., a Mexican Corporation, Plaintiffs, v. AVIARA PARKWAY FARMS, INC., A California Corporation, Defendants.

United States District Court, S.D. California.

September 30, 2014.

Attorney(s) appearing for the Case

Bio-Horticultura Las Parritas, S.A. de C.V., a Mexican Corporation, Plaintiff, represented by Frederic L Gordon , Gordon and Holmes.

Aviara Parkway Farms, Inc., a California Corporation, Defendant, represented by James A Testa , Testa and Associates.

Aviara Parkway Farms, Inc., Counter Claimant, represented by James A Testa , Testa and Associates.

Bio-Horticultura Las Parritas, S.A. de C.V., Counter Defendant, represented by Frederic L Gordon , Gordon and Holmes.

ORDER

WILLIAM Q. HAYES, District Judge.

The matter before the Court is Plaintiff's Motion to Dismiss Defendant's Third Counterclaim for Promissory Fraud. (ECF No. 14).

BACKGROUND

On April 15, 2014, Plaintiff Bio-Horticultura Las Parritas, S.A. de C.V. ("Bio-Horticultura"), initiated this action against Defendant Aviara Parkway Farms, Inc. ("Aviara") by filing the Complaint. (ECF No. 1). The Complaint states that "[o]n or about February...

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