text:
BANK OF INDIA RTGS HO Branch in BHOPAL - Address, IFSC, MICR Code
BKID0009003MICR Code
HAMIDIA ROADContact
31 HAMIDIA ROADBHOPALCity
What is IFSC Code of BANK OF INDIA situated at HAMIDIA ROAD- RTGS-HO?
IFSC Code of BANK OF INDIA situated at HAMIDIA ROAD - RTGS-HO is
What is the meaning of IFSC Code, MICR Codes in Banking industry?
IFSC or Indian Financial System Code is the code allocated to all banks branches. Bank branches use this code to participate in RTGS and NEFT transactions.
What is the significance of IFSC Code and how we can use it?
IFSC Code is a 11 digit code and we can use this code to communicate between different branches of different banks. Upon receiving the request for fund transfer it is easy for a bank to identify the payee branch. First four characters are code of bank, last six digits are branch code and fifth character is left 0, for any future use.


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Course Search
> Management & Accounting
Course No: ACCT.6220-031; SIS Class Nbr: 8406
Managers need to consider global opportunities and threats in their decision-making to manage effectively. This course explores the influence of globalization on accounting, emphasizing global capital markets and financial reporting, global organizational structures and managerial accounting, and tax and auditing implications of globalization, with a managerial emphasis.
Related Programs: Online MBA, Online MSA
Every effort has been made to ensure the accuracy of the information presented in this catalog. However, the Division of Online & Continuing Education reserves the right to implement new rules and regulations and to make changes of any nature to its program, calendar, procedures, standards, degree requirements, academic schedules (including, without limitations, changes in course content and class schedules), locations, tuition and fees. Whenever possible, appropriate notice of such changes will be given before they become effective.
Use the online
Non Degree Registration Form or print and mail-in/fax-in the completed
pdf version.
Register at https://www.uml.edu/enrollment/sis/ using the SIS Class NBR noted on the left.
Additional Registration Information

subset: commoncrawl


text:
Bones, Spock, Scottie, Tiberius & Uhura
The "Star Trek" Kitties
DOB: Aug 7 , 2016
Mew Mew! We are your crew of Trekies J
We are all a playful, fun loving and cuddly team…
I'm the big boy Bones and love to jump all over you for love and cuddles!
I'm Spock…curious, playful and yes, I give soft kisses.
Scottie is my name and I love to climb up to your shoulders and purr in your ear or get in some lovin!
Tiberius here…ready to purr and cuddle up in your arms J
Mew! I'm Uhura, the only lady of the bunch, sweet and gentle, always snuggling and
gazing into your eyes…
If you would like to adopt us, please go to www.rescueangels.ca, fill out an adoption application, email it to firstname.lastname@example.com one of our adoption coordinators will contact you.
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Buccaneers vs Saints
4:25 p.m. ET Kickoff
Buccaneers at Cowboys
8:30 p.m. ET Kickoff
Buccaneers at Cowboys
Sunday 12/18 at 8:30 p.m. ET
15333 Amberly Dr.
Tampa FL, 33647
Buccaneers at Saints
1:00 p.m. ET Kickoff
Buccaneers at Saints
Miller's Ale House - Tampa International
Sunday 12/24 at 1:00 p.m. ET
3860 Columbus Drive
Tampa, FL 33607
Buccaneers vs Panthers
1:00 p.m. ET Kickoff
A sea of pink surrounded Raymond James Stadium on Saturday, October 29 as thousands of participants ran the 4th Annual Treasure Chests 5K Run/Walk Corporate Challenge. Individuals, families, and entire corporations pounded the pavement to show support and raise awareness about the importance of research and early detection of breast cancer.
The annual TC5K has become a highly anticipated October tradition and including today's donation, the Buccaneers have distributed more than $140,000 over the past four years towards breast cancer awareness and patient services, benefitting the American Cancer Society, Florida Cancer Specialists Foundation, the Florida Hospital Foundation, and Moffitt Cancer Center. READ MORE
#TC5K. Jenna won 2nd place F15-19. pic.twitter.com/NaYpYbrj1w— Kristin Bold (@jkbold) October 29, 2016
Fun time at the #TC5K and victory village! Thanks @TBBuccaneers pic.twitter.com/J7tQKWwFjo— Lizzie Midzalkowski (@NoDoubt10426) October 29, 2016
#tc5K pic.twitter.com/Bx8wHL5lZp— Myphuong Newsome (@Mrs_Newsome) October 29, 2016


text:
Ronacrete Limited
flooring, floor coverings, Coatings
International construction product manufacturer Ronacrete has promoted Daren Chambers to the role of Sales and Marketing Director. Daren has been working for the company since 2007 starting out as Marketing Manager and progressing quickly to UK Sales and Marketing Manager. Daren has over 20 years experience in sales and marketing starting his career in the jewellery industry before spending 10 years working with major corporate industry brands at senior level. "During the five years Daren has been with Ronacrete he has remoulded the company's commercial focus and branding, streamlined the product ranges and launched Ronacrete's best selling resin bound and bonded surfacing range. Daren is key to our bold five year plan of growth and progression, building on the many successes of his tenure and of the Company's first 43 years in business. This promotion is a reflection of Daren's achievements and efforts on Ronacrete's behalf." Simeon Osen Chief Executive Director.
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RonaDeck Resin Bound Surfacing has been used in a major refurbishment project undertaken by Graham Construction on behalf of Argyll and Bute Council.
1,125sqm of RonaDeck Resin Bound Surfacing was installed to the landscaped areas by Ronacrete Approved Contractor Pebbo, the aggregate blend used was Maple Harvest.
RonaDeck Resin Bound Surfacing provides an attractive, easily maintainable, slip resistant surface providing a pleasant outdoor area that can be enjoyed by the local communinity.
A new look for Ronafix 5 litre bottles.
RonaBond HB40 and RonaBond Crack Bridging Anti-Carbonation Coating WB have been used in an NHS refurbishment project of a Hatfield
RonaDeck Resin Bound Surfacing demonstrated on ITV news.
Terry Mulholland has recently been appointed Technical Area Manager for Ronacrete Ltd. covering Scotland.
Repairs were required to the underside of the Grandstand at Fakenham Racecourse where steel reinforcement had corroded causing the concrete to spall
The 'Street' in Scarborough is a youth and community centre providing a variety of community and youth services for local people.
Ronacrete receives third ISO accreditation OHSAS 18001
The Haddiscoe viaduct on the A143 in Norfolk crosses the Norfolk-Suffolk railway line and the New Cut canal. It is
Ronacrete Approved Contractor Apolodor was called to a property in Enfield to repair a water fountain.
The fountain was the central focus in an attractive residential courtyard serving several properties but water from the fountain had started to leak through cracks that had formed in the base.
Apolodor removed the fountain head and drained the standing water from the system. They then shot blasted the original defective render to provide a mechanical key for the new render system, defecti
Christ Church First School in Frome Somerset wanted to create a sophisticated space for outdoor learning and education as part of a wider classroom extension project.
Resin Bound surfacing in London Park.
RonaDeck Resin Bound Surfacing provided the finishing touches to a £230,000 refurbishment of Sheffield's Highfield Library. The refurbishment was carried
Ronacrete products used in concrete repair project at Portsmouth hospital.
Ronacrete specialist construction product manufacturer offers Continuing Professional Development (CPD) for architects and contractors.
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United States District Court, N.D. California
August 14, 2014
DANIEL BENEFIELD, et al., Plaintiffs,v.BRYCO FUNDING, INC., et al., Defendants.
PHYLLIS J. HAMILTON, District Judge.
Before the court are the motions of defendants JPMorgan Chase Bank, N.A.; Chase Home Finance, LLC; and Mortgage Electronic Registration Systems, Inc. (collectively, "JPMorgan/MERS"), and defendant Deutsche Bank National Trust Company as Trustee for Long Beach Mortgage Loan Trust 2006-7 ("Deutsche Bank"), for an order dismissing the second amended complaint for failure to state a claim. Under Civil Local Rule 7-3, plaintiffs' opposition to the Chase/MERS motion was due on August 4, 2014, and their opposition to the Deutsche Bank motion was due on August 11, 2014. Plaintiffs did not file an opposition to either motion. Having read defendants' papers and carefully considered their arguments and the relevant legal authority, the court hereby GRANTS the motions.
Plaintiffs filed this action in Alameda County Superior Court on April 22, 2013. On March 24, 2014, JPMorgan Chase Bank, N.A. (the sole defendant who had been served as of that date) removed the case to this court, alleging federal question jurisdiction. Chase/MERS and Deutsche Bank then filed a motion to dismiss the complaint for failure to state a claim. On June 10, 2014, the court issued an order granting the motion, dismissing four causes of action with prejudice (claims under the Truth in Lending Act ("TILA") and the Fair Credit Reporting Act ("FCRA"), and claims for declaratory and injunctive relief), and dismissing the remaining nine causes of action with leave to amend, and issuing detailed instructions as to what must be alleged in any amended complaint.
In the order granting the motion, the court stated that the complaint was "largely incomprehensible." The court was "unable to ascertain exactly what plaintiffs' claims [were]" and found that while it appeared that plaintiffs were attempting to allege wrongful foreclosure, it was clear from the documents attached to defendants' request for judicial notice that no foreclosure had taken place. Order at 3-4.
Plaintiffs filed a second amended complaint ("SAC") on July 11, 2014, asserting two causes of action - fraudulent inducement to breach contract (formerly the first cause of action), and fraud and conspiracy to commit fraud (formerly the third cause of action).
In the June 10, 2014 order, the court dismissed the claim of fraudulent inducement to breach contract with leave to amend to "allege facts as to each defendant, showing that the defendant fraudulently induced plaintiffs to breach a contract." Order at 4. The court explained that
[t]he elements of a claim of fraudulent inducement to enter into a contract or breach a contract are (a) a misrepresentation, false representation, concealment or nondisclosure; (b) knowledge of falsity; (c) intent to defraud or to induce plaintiff to enter into a contract or breach a contract; (d) justifiable reliance; and (e) resulting damage. See Lazar v. Superior Court , 12 Cal.4th 631, 638 (1996). Plaintiffs must identify the contract and the parties to the contract. They must also allege "an account of the time, place, and specific content of the false representations as well as the identities of the parties to the misrepresentations." Swartz v. KPMG LLP , 476 F.3d 756, 764 (9th Cir. 2007). Mere conclusory allegations of fraud will not suffice. Moore v. Kayport Package Express, Inc. , 885 F.2d 531, 540 (9th Cir. 1989); Das v. WMC Mortgage Corp. , 831 F.Supp.2d 1147, 1166 (N.D. Cal. 2011).
Order at 4.
In the SAC, the first cause of action for fraudulent inducement to breach contract alleges that "defendants... engaged in egregiously unfair and deceptive lending practices to steer [p]laintiff [sic] into a loan that was engineered to fail from inception." SAC ¶ 28. They allege that they "have been trying to secure a modified/amended loan agreement" that would reduce their monthly payment, but that the "nature of our current contract" was designed to "mechanically create economic hardship" and to "systematically force default." Id . The remainder of this cause of action is premised on alleged violations of California Business and Professions Code § 17200. See SAC ¶¶ 28-37.
In the June 10, 2014 order, the court dismissed the cause of action for fraud and conspiracy to commit fraud with leave to amend to "allege particularized facts as to each defendant, showing that the elements of fraud are met (misrepresentation, knowledge of falsity, intent to defraud, justifiable reliance by the plaintiffs and resulting damages)" as stated with regard to the cause of action for fraudulent inducement of breach of contract.
In the SAC, the second cause of action for fraud and conspiracy to commit fraud alleges that "[d]efendants impliedly covenanted to deal with [p]laintiff [sic] in good faith and fairly;" that plaintiffs "detrimentally relied on "[d]efendant's mortgage loan broker's professional opinion that home prices would continue to rise and the equity value would not drop below the loan value;" and that "[t]his same position was taken by the lender, owner, and underwriter's analysis, all of whom gave approval for disbursement of the loan funds into the real property investment, " all of which constituted a breach of the implied covenant of good faith and fair dealing. SAC ¶¶ 38-42.
This cause of action also references - without any supporting facts - violations of California Civil Code § 1572 (definition of actual fraud), § 1709 (fraudulent deceit), § 1710 (deceit); violations of 15 U.S.C. § 78ff (penalties for violations of federal Securities Exchange Act of 1934); violations of 15 U.S.C. § 1692e (Fair Debt Collection Practices Act ("FDCPA")); violations of 18 U.S.C. § 1001 (federal criminal code provision relating to criminal liability for making false statements with respect to matters within jurisdiction of executive, legislative, or judicial branch of United States Government). SAC ¶¶ 43-50. Finally, this cause of action also alleges that the assignment of the deed of trust was "invalid" because MERS and JPMorgan Chase Bank lacked the authority to assign the deed of trust. SAC ¶¶ 51-66.
On August 13, 2014, the court dismissed defendant Bryco Funding, Inc. pursuant to Federal Rule of Civil Procedure 4(m). JPMorgan/MERS and Deutsche Bank now move for an order dismissing the SAC pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim.
A. Legal Standard
A motion to dismiss under Federal Rule of Civil Procedure 12(b)(6) tests for the legal sufficiency of the claims alleged in the complaint. Ileto v. Glock, Inc. , 349 F.3d 1191, 1199-1200 (9th Cir. 2003). Review is limited to the contents of the complaint. Allarcom Pay Television, Ltd. v. Gen. Instrument Corp. , 69 F.3d 381, 385 (9th Cir. 1995). To survive a motion to dismiss for failure to state a claim, a complaint generally must satisfy only the minimal notice pleading requirements of Federal Rule of Civil Procedure 8, which requires that a complaint include a "short and plain statement of the claim showing that the pleader is entitled to relief." Fed.R.Civ.P. 8(a)(2).
A complaint may be dismissed under Rule 12(b)(6) for failure to state a claim if the plaintiff fails to state a cognizable legal theory, or has not alleged sufficient facts to support a cognizable legal theory. Balistreri v. Pacifica Police Dep't , 901 F.2d 696, 699 (9th Cir. 1990). The court is to "accept all factual allegations in the complaint as true and construe the pleadings in the light most favorable to the nonmoving party." Outdoor Media Group, Inc. v. City of Beaumont , 506 F.3d 895, 899-900 (9th Cir. 2007). However, legally conclusory statements, not supported by actual factual allegations, need not be accepted. Ashcroft v. Iqbal , 556 U.S. 662, 678-79 (2009); see also In re Gilead Scis. Sec. Litig. , 536 F.3d 1049, 1055 (9th Cir. 2008) (district court is not required to accept as true "allegations that are merely conclusory, unwarranted deductions of fact, or unreasonable inferences"). The allegations in the complaint "must be enough to raise a right to relief above the speculative level." Bell Atlantic Corp. v. Twombly , 550 U.S. 544, 555 (2007) (citations and quotations omitted).
A motion to dismiss should be granted if the complaint does not proffer enough facts to state a claim for relief that is plausible on its face. See id. at 558-59. A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." Iqbal , 556 U.S. at 678 (citation omitted). "[W]here the well-pleaded facts do not permit the court to infer more than the mere possibility of misconduct, the complaint has alleged - but it has not show[n]' - that the pleader is entitled to relief.'" Id. at 679. In the event dismissal is warranted, it is generally without prejudice, unless it is clear the complaint cannot be saved by any amendment. See Sparling v. Daou , 411 F.3d 1006, 1013 (9th Cir. 2005).
Although the court generally may not consider material outside the pleadings when resolving a motion to dismiss for failure to state a claim, the court may consider matters that are properly the subject of judicial notice. Lee v. City of Los Angeles , 250 F.3d 668, 688-89 (9th Cir. 2001); Mack v. South Bay Beer Distributors, Inc. , 798 F.2d 1279, 1282 (9th Cir. 1986). Additionally, the court may consider exhibits attached to the complaint, see Hal Roach Studios, Inc. V. Richard Feiner & Co., Inc., 896 F.2d 1542, 1555 n.19 (9th Cir. 1989), as well as documents referenced extensively in the complaint and documents that form the basis of a the plaintiff's claims. See No. 84 Employer-Teamster Joint Counsel Pension Trust Fund v. America West Holding Corp. , 320 F.3d 920, 925 n.2 (9th Cir. 2003).
Finally, in actions alleging fraud, "the circumstances constituting fraud or mistake shall be stated with particularity." Fed.R.Civ.P. 9(b). Under Rule 9(b), falsity must be pled with specificity, including an account of the "time, place, and specific content of the false representations as well as the identities of the parties to the misrepresentations." Swartz v. KPMG LLP , 476 F.3d 756, 764 (9th Cir. 2007) (citations omitted). "[A]llegations of fraud must be specific enough to give defendants notice of the particular misconduct which is alleged to constitute the fraud charged so that they can defend against the charge and not just deny that they have done anything wrong." Bly-Magee v. California , 236 F.3d 1014, 1019 (9th Cir. 2001) (citation and quotations omitted). In addition, the plaintiff must do more than simply allege the neutral facts necessary to identify the transaction; he must also explain why the disputed statement was untrue or misleading at the time it was made. Yourish v. California Amplifier , 191 F.3d 983, 992-93 (9th Cir. 1999).
B. Defendants' Motions
JPMorgan/MERS argue that the first cause of action for fraudulent inducement to breach the contract should be dismissed because plaintiffs have not pled fraud with particularity, as required by Rule 9(b); because plaintiffs have not sufficiently pled breach of any contract; and because plaintiffs have not sufficiently pled unlawful, unfair, or fraudulent business practices under § 17200, and have not alleged facts showing they suffered a loss of money or property such that they have standing under § 17200. JPMorgan/MERS argue that the second cause of action for fraud and conspiracy to commit fraud should be dismissed because plaintiffs have failed to plead fraud with particularity; because they have no entitlement to a loan modification; because they have not properly alleged a "conspiracy;" because they have not alleged facts sufficient to show a TILA violation; because their "holder of the note" theory fails as a matter of law; and because the contention that MERS lacks standing to participate in a nonjudicial foreclosure is not supported by the documents or by the law.
Deutsche Bank argues that plaintiffs are estopped from asserting these claims because they omitted them from their bankruptcy schedule, filed October 2, 2009. Deutsche Bank also asserts that plaintiffs failed to plead their claims in accordance with Rule 8(a), and failed to plead fraud with particularity. Deutsche Bank asserts further that the first cause of action for fraudulent inducement to breach contract should be dismissed because, while it is premised on alleged violations of § 17200, it fails to plead facts sufficient to show any unlawful, unfair, or fraudulent business act or practice, and because plaintiffs have not alleged facts showing they have standing under § 17200. Finally, Deutsche Bank contends that the second cause of action for fraud and conspiracy to commit fraud should be dismissed because it fails to state a claim for breach of the implied covenant of good faith and fair dealing, fails to state a claim under any of the enumerated statutory violations, and fails to state a claim based on any "invalid" assignment of the deed of trust.
1. First, as to the two causes of action that plaintiff has realleged in the SAC, the court finds that neither are pled in accordance with Rule 8(a), Rule 9(b), or the instructions in the court's June 10, 2014 order, including the instruction that plaintiffs must specify as to each defendant what that defendant is alleged to have done. Most notably, the fraud claims are not pled with particularity, and plaintiffs have not alleged facts supporting the elements of fraud, or the time, place, and specific content of the alleged false representations. Nor, for the first cause of action, have they identified the contract that was allegedly breached, or pled any facts supporting the elements of a claim of breach of contract, whether or not induced by fraud; or, for the second cause of action, alleged any facts supporting a theory of conspiracy to defraud.
2. Second, plaintiffs have not sufficiently pled any unlawful, unfair, or fraudulent business practices sufficient to state a claim under § 17200. In the prior version of the complaint, plaintiffs asserted three causes of action for unlawful business practices in violation of § 17200 - one based on an alleged violation of California Civil Code § 2923.5; one based on allegations that "defendants" had failed to comply with the legal prerequisites for foreclosure proceedings; and one based on allegations that "defendants" had promised loan modifications they had no intention of providing and had repeatedly demanded documentation and misled plaintiffs into believing that a foreclosure had occurred.
In the June 10, 2014 order, the court granted leave to amend, directing that
[p]laintiffs must allege facts as to each defendant, showing that the defendant engaged in a specific business practice that was "unlawful" (violated a law), that was "unfair" (significantly threatened or harmed competition) or that was "fraudulent" (had a tendency to deceive the public). In addition, plaintiffs must allege facts showing that they lost "money" or "property" as a result of the actions of a particular defendant, in order to establish that they have standing to assert a claim under § 17200 against that defendant.
In the SAC, plaintiffs do not allege any facts showing that any defendant engaged in any business act or practice that violated any law, or that significantly threatened or harmed competition. They assert in general terms that "defendants" acted in "bad faith, " but do not support this allegation with any specific facts - in particular any facts related to any unlawful or unfair business act or practice.
Plaintiffs claim that "defendants" intentionally "entrap[ped] [p]laintiff [sic] in a contract engineered to create economic hardship that would eventually force [p]laintiff [sic] into contract default status, " SAC ¶ 33, but this allegation, to the extent it is comprehensible, appears to relate to the origination of plaintiffs' loan, a process that none of the existing defendants are alleged to have participated in. Nor do plaintiffs allege any facts showing that any defendant engaged in any fraudulent act or practice, or that they have lost money or property as a result of any act by any defendant.
3. Third, to the extent that plaintiffs are basing any portion of their claims on an alleged failure or refusal to grant them a loan modification, the court finds that the SAC fails to state a claim. A borrower in California has no statutory right to a loan modification. Mabry v. Superior Court , 185 Cal.App.4th 208, 231 (2010); Farner v. Countrywide Home Loans , 2009 WL 189025 at *2 (S.D. Cal. Jan. 26, 2009).
4. Fourth, to the extent that plaintiffs are attempting to reallege the TILA claims, those claims were previously dismissed with prejudice. Moreover, none of the defendants remaining in the case was involved in the origination of the plaintiffs' loan, and thus cannot be liable for any claim related to the loan origination. In addition, as the court pointed out in the prior order, any such claims would be time-barred.
5. Fifth, to the extent that plaintiffs are attempting to assert a claim based on the allegation that "any attempt to transfer the beneficial interest of a trust deed without ownership of the underlying note is void under California law, " as plaintiffs assert in the second cause of action, see SAC ¶ 62, such a claim cannot stand because the deed of trust at issue in this case contains a power of sale in the event of plaintiffs' default under the terms of the loan, and any "holder of the note" or "real party in interest" theory is not legally sound. See, e.g., Miller v. Bank of New York, 2013 WL 663928 at *2 (N.D. Cal. Feb. 22, 2013) (under California law, possession of the original note is not required in order to foreclose).
6. Sixth, the contention that MERS does not have standing to participate in nonjudicial foreclosure actions is without merit. In particular, in the present case, plaintiffs appear to be attempting to allege that MERS had no standing to assign the deed of trust, and thus that the assignment was invalid. However, the judicially noticeable documents attached to defendants' requests for judicial notice show that MERS did not have any involvement with plaintiffs' loan, and also show that MERS did not assign the deed of trust. Specifically, on June 26, 2009, JPMorgan Chase Bank, as successor in interest to Washington Mutual Bank, successor in interest to Long Beach Mortgage Company, recorded an assignment of deed of trust with the Recorder's Officer of Alameda County, California, showing that the deed of trust had been assigned to Deutsche Bank. Also on June 26, 2009, Deutsche Bank recorded a substitution of trustee, showing substitution of California Reconveyance Company as trustee.
7. Seventh, even were such claims not time-barred, plaintiffs lack standing to assert any claims relating to the origination of their loan on June 9, 2006, because the events underlying any such claims occurred prior to October 7, 2007, the date on which plaintiffs filed for bankruptcy, and plaintiffs did not list any such claims in their bankruptcy schedules. See In re Benefield, 07-47220 (Bankr. N.D. Cal. 2007).
The "property of the estate" includes "all legal or equitable interests of the debtor in property as of the commencement of the case, " including the debtor's "causes of action." 11 U.S.C. § 521(1); Smith v. Arthur Andersen LLP , 421 F.3d 989, 1002 (9th Cir. 2005) (citing United States v. Whiting Pools, Inc. , 462 U.S. 198, 205 n.9 (1983)). Claims that accrue prior to the filing of a bankruptcy petition become the property of the bankruptcy estate, and, where a debtor fails "properly to schedule an asset, including a cause of action, that asset continues to belong to the bankruptcy estate and [does] not revert to [the debtor]." Cusano v. Klein , 264 F.3d 936, 945 (9th Cir. 2001). In other words, if the debtor fails to schedule a cause of action on her bankruptcy petition, he/she is divested of standing to assert that cause of action. See Dunmore v. United States , 358 F.3d 1107, 1112 (9th Cir. 2004). With regard to the present action, that means that all claims that arise from the loan transaction and before any event that occurred prior to the bankruptcy are barred.
8. Eighth, to the extent that plaintiffs are attempting to incorporate a claim of breach of the implied covenant of good faith and fair dealing into the second cause of action for fraud and conspiracy to commit fraud, that claim fails because plaintiffs have not alleged breach of an express contract. Under California law, breach of the implied covenant of good faith and fair dealing necessarily rests on the existence of some specific contractual obligation. Racine & Laramie, Ltd. v. Dep't of Parks and Recreation , 11 Cal.App.4th 1026, 1031-32 (1992) (citing Foley v. Interactive Data Corp. , 47 Cal.3d 654, 683-84, 968-90 (1988)). The covenant cannot impose substantive duties or limits on the contracting parties beyond those incorporated in the specific terms of their agreement. Agosta v. Astor , 120 Cal.App.4th 596, 607 (2004) (citing Guz v. Bechtel National, Inc. , 24 Cal.4th 317, 349-50 (2000).
Here, the deed of trust - which appears to contain the only express contractual provisions that could underlie a claim for breach of the implied covenant - allows initiation of foreclosure upon default, and also does not impose any requirement of loan modification. Moreover, plaintiffs have not alleged any facts showing that any defendant failed to discharge its express contractual obligations.
9. Ninth, to the extent that plaintiffs are basing the second cause of action for fraud and conspiracy to commit fraud on their alleged violations of statutory provisions, such allegations also fail to state a claim. In granting the motion to dismiss, the court instructed plaintiffs what they must plead to state a claim for fraud. Simply adding in a series of references to state and federal statutes that relate to fraud and deceit, without more, is not sufficient to remedy the deficiencies in the prior complaint or to state a claim for fraud. California Civil Code §§ 1572, 1709 and 1710 simply prohibit fraud and deceit. It is still necessary for plaintiffs to plead facts showing that all the elements of the fraud claim are met, and it is also necessary for plaintiffs to plead such facts with particularity.
As for the citations to the federal statutes, 15 U.S.C. § 78ff is part of the Securities Exchange Act of 1934, and is wholly unrelated to the claims in this action; 15 U.S.C. § 1692e is part of the FDCPA, which applies only to regulate the conduct of "debt collectors, " not mortgage servicers, see, e.g., Lal v. American Home Servicing, Inc. , 680 F.Supp.2d 1218, 1224 (E.D. Cal. 2010); Hepler v. Washington Mut. Bank. F.A. , 2009 WL 1045470 at *4 (C.D. Cal. Apr. 17, 2009); and 18 U.S.C. § 1001 is a federal criminal statute, as to which there is no private right of action, see Haskins v. Superior Court of California, 2014 WL 584311 at *3-4 (E.D. Cal. Feb. 12, 2014).
In accordance with the foregoing, the court GRANTS defendants' motions to dismiss. Because plaintiffs were previously given leave to amend, and failed to comply with the court's instructions regarding amendment, and because plaintiffs did not oppose the motions and advise what new facts they would be able to plead if given yet another opportunity to amend, the court finds that granting further leave to amend would be futile. The dismissal is therefore WITH PREJUDICE.
The date for the hearing on defendants' motions, previously set for September 3, 2014, is VACATED.
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Cloud Expo 2011 Silicon Valley, November 7-10, at the Santa Clara Convention Center in Santa Clara, CA, will feature technical sessions from a rock star conference faculty and the leading Cloud industry players in the world.
The growth and success of Cloud Computing will be on display at the upcoming Cloud Expo conference and exhibition in Santa Clara, November 7-10, 2011.
The recent Cloud Expo at the Javits Center in New York City, New York, was the largest Cloud Computing conference ever produced with more sponsors, exhibitors and delegates than all other Cloud events of the year combined!
Cloud Expo Silicon Valley will attract more than 10,000 delegates from 48 countries and over 200 sponsors and exhibitors!
All main layers of the Cloud ecosystem will be represented at the 9th International Cloud Expo - the infrastructure players, the platform providers, and those offering applications, and they'll all be here to speak, sponsor, exhibit and network.
"Cloud Expo was announced on February 24, 2007, the day the term 'cloud computing' was coined," said Fuat Kircaali, founder and chairman of SYS-CON Events, Inc. "Cloud has become synonymous with 'computing' and 'software' in two short years, and this event has become the new PC Expo, Comdex, and InternetWorld of our decade. By 2012, more than 50,000 delegates per year will be attending Cloud Expo."
Sponsorship Opportunities
for Cloud Expo Silicon Valley
Cloud Expo 2011 Silicon Valley "show prospectus" has shipped. Sponsorship, exhibit, and keynote opportunities can be obtained from Carmen Gonzalez by email at events (at) sys-con.com, or by phone 201 802 3021.
Early Bird Registration Options
for Cloud Expo Silicon Valley
Cloud Expo delegates can pre-register for Cloud Expo Silicon Valley with $500+ savings here.
About SYS-CON Media & Events
SYS-CON Media (www.sys-con.com) has since 1994 been connecting technology companies and customers through a comprehensive content stream at www.sys-con.com - featuring over forty focused subject areas, from Cloud Computing to Web Security - interwoven with market-leading full-scale conferences produced by SYS-CON Events. The company's internationally recognized brands include among others Cloud Computing Expo (www.CloudComputingExpo.com), Virtualization Conference & Expo (www.VirtualizationConference.com), Government IT Conference & Expo (www.GovITExpo.com), Cloud Computing Bootcamp (www.CloudComputingBootcamp.com), and UlitzerLive! New Media Conference & Expo (http://events.sys-con.com).
Cloud Expo, Cloud Expo East, Cloud Expo West, Cloud Expo New York, Cloud Expo Silicon Valley, Cloud Expo Europe, Cloud Expo Tokyo, Cloud Expo Prague, Cloud Expo Hong Kong, Cloud Expo Sao Paolo are trademarks and /or registered trademarks (USPTO serial number 85009040) of Cloud Expo, Inc.
SYS-CON Events announced today that Fusion, a leading provider of cloud services, will exhibit at SYS-CON's 20th International Cloud Expo®, which will take place on June 6-8, 2017, at the Javits Center in New York City, NY. Fusion, a leading provider of integrated cloud solutions to small, medium and large businesses, is the industry's single source for the cloud. Fusion's advanced, proprietary cloud service platform enables the integration of leading edge solutions in the cloud, including clou...
Dec. 8, 2016 01:00 PM EST Reads: 439
Fact: storage performance problems have only gotten more complicated, as applications not only have become largely virtualized, but also have moved to cloud-based infrastructures. Storage performance in virtualized environments isn't just about IOPS anymore. Instead, you need to guarantee performance for individual VMs, helping applications maintain performance as the number of VMs continues to go up in real time. In his session at Cloud Expo, Dhiraj Sehgal, Product and Marketing at Tintri, sha...
Dec. 8, 2016 01:00 PM EST Reads: 1,175
WebRTC is the future of browser-to-browser communications, and continues to make inroads into the traditional, difficult, plug-in web communications world. The 6th WebRTC Summit continues our tradition of delivering the latest and greatest presentations within the world of WebRTC. Topics include voice calling, video chat, P2P file sharing, and use cases that have already leveraged the power and convenience of WebRTC.
Dec. 8, 2016 12:45 PM EST Reads: 1,733
"Venafi has a platform that allows you to manage, centralize and automate the complete life cycle of keys and certificates within the organization," explained Gina Osmond, Sr. Field Marketing Manager at Venafi, in this SYS-CON.tv interview at DevOps at 19th Cloud Expo, held November 1-3, 2016, at the Santa Clara Convention Center in Santa Clara, CA.
Dec. 8, 2016 12:15 PM EST Reads: 1,103
Get deep visibility into the performance of your databases and expert advice for performance optimization and tuning. You can't get application performance without database performance. Give everyone on the team a comprehensive view of how every aspect of the system affects performance across SQL database operations, host server and OS, virtualization resources and storage I/O. Quickly find bottlenecks and troubleshoot complex problems.
Dec. 8, 2016 12:00 PM EST Reads: 2,179
The many IoT deployments around the world are busy integrating smart devices and sensors into their enterprise IT infrastructures. Yet all of this technology – and there are an amazing number of choices – is of no use without the software to gather, communicate, and analyze the new data flows. Without software, there is no IT. In this power panel at @ThingsExpo, moderated by Conference Chair Roger Strukhoff, Dave McCarthy, Director of Products at Bsquare Corporation; Alan Williamson, Principal...
Dec. 8, 2016 12:00 PM EST Reads: 489
20th Cloud Expo, taking place June 6-8, 2017, at the Javits Center in New York City, NY, will feature technical sessions from a rock star conference faculty and the leading industry players in the world. Cloud computing is now being embraced by a majority of enterprises of all sizes. Yesterday's debate about public vs. private has transformed into the reality of hybrid cloud: a recent survey shows that 74% of enterprises have a hybrid cloud strategy.
Dec. 8, 2016 11:30 AM EST Reads: 2,329
"This is specifically designed to accommodate some of the needs for high availability and failover in a network managed system for the major Korean corporations," stated Thomas Masters, Managing Director at InfranicsUSA, in this SYS-CON.tv interview at 19th Cloud Expo, held November 1-3, 2016, at the Santa Clara Convention Center in Santa Clara, CA.
Dec. 8, 2016 11:21 AM EST Reads: 207
"Qosmos has launched L7Viewer, a network traffic analysis tool, so it analyzes all the traffic between the virtual machine and the data center and the virtual machine and the external world," stated Sebastien Synold, Product Line Manager at Qosmos, in this SYS-CON.tv interview at 19th Cloud Expo, held November 1-3, 2016, at the Santa Clara Convention Center in Santa Clara, CA.
Dec. 8, 2016 11:00 AM EST Reads: 895
"Coalfire is a cyber-risk, security and compliance assessment and advisory services firm. We do a lot of work with the cloud service provider community," explained Ryan McGowan, Vice President, Sales (West) at Coalfire Systems, Inc., in this SYS-CON.tv interview at 19th Cloud Expo, held November 1-3, 2016, at the Santa Clara Convention Center in Santa Clara, CA.
Dec. 8, 2016 11:00 AM EST Reads: 987
In his keynote at 18th Cloud Expo, Andrew Keys, Co-Founder of ConsenSys Enterprise, provided an overview of the evolution of the Internet and the Database and the future of their combination – the Blockchain. Andrew Keys is Co-Founder of ConsenSys Enterprise. He comes to ConsenSys Enterprise with capital markets, technology and entrepreneurial experience. Previously, he worked for UBS investment bank in equities analysis. Later, he was responsible for the creation and distribution of life sett...
Dec. 8, 2016 10:30 AM EST Reads: 7,305
An IoT product's log files speak volumes about what's happening with your products in the field, pinpointing current and potential issues, and enabling you to predict failures and save millions of dollars in inventory. But until recently, no one knew how to listen. In his session at @ThingsExpo, Dan Gettens, Chief Research Officer at OnProcess, discussed recent research by Massachusetts Institute of Technology and OnProcess Technology, where MIT created a new, breakthrough analytics model for ...
Dec. 8, 2016 10:30 AM EST Reads: 530
Keeping pace with advancements in software delivery processes and tooling is taxing even for the most proficient organizations. Point tools, platforms, open source and the increasing adoption of private and public cloud services requires strong engineering rigor - all in the face of developer demands to use the tools of choice. As Agile has settled in as a mainstream practice, now DevOps has emerged as the next wave to improve software delivery speed and output. To make DevOps work, organization...
Dec. 8, 2016 10:05 AM EST Reads: 203
SYS-CON Events announced today that Dataloop.IO, an innovator in cloud IT-monitoring whose products help organizations save time and money, has been named "Bronze Sponsor" of SYS-CON's 20th International Cloud Expo®, which will take place on June 6-8, 2017, at the Javits Center in New York City, NY. Dataloop.IO is an emerging software company on the cutting edge of major IT-infrastructure trends including cloud computing and microservices. The company, founded in the UK but now based in San Fran...
Dec. 8, 2016 10:00 AM EST Reads: 608
[slides] Agility for Digital Transformation | @CloudExpo @NewhouseConsult #Agile #DigitalTransformation
Successful digital transformation requires new organizational competencies and capabilities. Research tells us that the biggest impediment to successful transformation is human; consequently, the biggest enabler is a properly skilled and empowered workforce. In the digital age, new individual and collective competencies are required. In his session at 19th Cloud Expo, Bob Newhouse, CEO and founder of Agilitiv, drew together recent research and lessons learned from emerging and established compa...
Dec. 8, 2016 10:00 AM EST Reads: 986
20th Cloud Expo, taking place June 6-8, 2017, at the Javits Center in New York City, NY, will feature technical sessions from a rock star conference faculty and the leading industry players in the world. Cloud computing is now being embraced by a majority of enterprises of all sizes. Yesterday's debate about public vs. private has transformed into the reality of hybrid cloud: a recent survey shows that 74% of enterprises have a hybrid cloud strategy.
Dec. 8, 2016 09:45 AM EST Reads: 1,929
Whether your IoT service is connecting cars, homes, appliances, wearable, cameras or other devices, one question hangs in the balance – how do you actually make money from this service? The ability to turn your IoT service into profit requires the ability to create a monetization strategy that is flexible, scalable and working for you in real-time. It must be a transparent, smoothly implemented strategy that all stakeholders – from customers to the board – will be able to understand and comprehe...
Dec. 8, 2016 09:30 AM EST Reads: 617
DevOps is being widely accepted (if not fully adopted) as essential in enterprise IT. But as Enterprise DevOps gains maturity, expands scope, and increases velocity, the need for data-driven decisions across teams becomes more acute. DevOps teams in any modern business must wrangle the 'digital exhaust' from the delivery toolchain, "pervasive" and "cognitive" computing, APIs and services, mobile devices and applications, the Internet of Things, and now even blockchain. In this power panel at @...
Dec. 8, 2016 09:15 AM EST Reads: 946
"We are a leader in the market space called network visibility solutions - it enables monitoring tools and Big Data analysis to access the data and be able to see the performance," explained Shay Morag, VP of Sales and Marketing at Niagara Networks, in this SYS-CON.tv interview at 19th Cloud Expo, held November 1-3, 2016, at the Santa Clara Convention Center in Santa Clara, CA.
Dec. 8, 2016 09:12 AM EST Reads: 270
"We analyze the video streaming experience. We are gathering the user behavior in real time from the user devices and we analyze how users experience the video streaming," explained Eric Kim, Founder and CEO at Streamlyzer, in this SYS-CON.tv interview at 19th Cloud Expo, held November 1-3, 2016, at the Santa Clara Convention Center in Santa Clara, CA.
Dec. 8, 2016 09:00 AM EST Reads: 603


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Having unwanted fat in different locations of your body can have a significant effect on your health and self-confidence. While standard weight loss through workout and diet plan is a great way to lose weight overall, even the very best exercises can't target issue locations like the belly, inner thighs, arms, and buttocks. Liposuction is a time tested treatment that is utilized to eliminate excess fat from particular locations of the body, permitting an individual to form and contour their body to their preference. Is liposuction right for you? Discover now.
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Very nice apartment for rent, affordable. Good neighborhood. Fruitridge Glen Apartments. $525 per month. 1 bedroom, 1 bathroom. Ask about our Move in Special! No pets. Also app with eviction history will not be considered. Copy link - http://ah.qa/8J5i82O to browser to see more details or call 415-813-4121 now! (listing → Read More
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Last Updated Aug 20, 2016 08:39PM
Boise, Idaho • Two gashes on the top of her head were stapled. Deep wounds on her forehead and face were stitched. Her left eye was temporarily paralyzed by nerve damage, and the iris settled into an awkward and constant …Read This Article Share


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- This pair of Tresmode Remetal Gold Wedges has been designed in an updated fashion in order to be of optimum use to you. The quality make of this pair is likely to ensure that it does not easily give away to wear and tear. You can sport this with a variety of casual wear in order to look stylish.
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Suite 300
Washington, District Of Columbia 20006
United States
|Areas of Practice
|1) Energy Law, 2) Commercial Law and 3) Utility Law
|Manhattan College (B.S., 1966)
|Most recent firm
|McCauley Lyman LLC
|Relevant Jobs
National Firm seeks Partners in Washington DC with AmLaw 200 Background (8+ yrs)
Culhane Meadows PLLC, one of the largest national non-traditional law firms in America, seeks experienced partner-level attorneys in the Washington, DC area. We are actively recruiting new partners wh...
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Established DC firm seeks Attorney in Washington DC, to provide legal services & advice in the practice areas of real estate; personal injury; family law; immigration, labor; contract disputes and A...
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Portuguese fluent Paralegal/Legal Assistant for Fraud Section - Criminal Division Duties: Directly assist trial attorneys with all phases of the litigation process. Trial preparation to include c...
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A. Harrison Barnes is a well-known attorney throughout the United States. As a member of the Malibu community, Harrison is committed to serving the needs of Malibu residents and businesses in legal matters.
Benjamin P. Smith is a partner in Morgan Lewis's Litigation Practice. He is a trial lawyer with a particular focus on high-stakes disputes in the biotechnology, medical device, and internet industries.


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I have described those patterns of diarrhea that I see frequently in my practice. I do not have the opportunity to treat the type of diarrhea patterns frequently seen in the developing world.
Overweight Diarrhea
Overweight, poor eating habits, frequent overeating creates dampness, flatulence, frequent bowl movements.
Emotional Diarrhea
Loss of appetite, pain, depression, anger, irritable bowel syndrome, frequent bowl movements aggravated by stress.
Weakness of the Digestive System
Loose stools, difficulty eating oily or greasy food, discomfort after eating
Kidney and Digestive System Imbalance
Diarrhea in the morning, coldness, lower back pain or achiness, knee pain
Acute Diarrhea
Sudden onset diarrhea caused by eating raw food or digesting bacteria. There can be pain, urgency, and vomiting.
Please call to schedule your appointment or use our online scheduling system. After scheduling your appointment please print and complete the First Visit Form.
Thank you for visiting Acupuncture Connecticut (CT) we serve Milford, Orange, Stratford, Bridgeport, Fairfield, and surrounding Connecticut areas.
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27. Naturopathic Deal
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Thank you for visiting Acupuncture Connecticut (CT).


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SuperUber reel - audio by Zuco 103 - Brazilectro (Amazonia mix by Git Hyper & Schmid).
SuperUber combines a creative atelie with a technology lab and its unique design style, to create multimedia and interactive projects for culture, education, entertainment and advertising. With offices in Rio de Janeiro, São Paulo and New York, SuperUber's main projects include: the installation "Word's Alley", at the Portuguese Language Museum (Sao Paulo); the video mapping set design for SporTV channel; the set design and multimedia project for Claro Cine and Vale Open Air festivals (Rio); the multimedia project for Nike concept-store (Sao Paulo); and the game "Super Pong", for the exhibition "PeléStation – The Legend in Action" in Berlin during the 2006 World Cup. SuperUber participated in the Mines and Metal Museum, in the TIM UFMG Knowledge Center, and did the multimedia and interactive project for the Minas Gerais Memorial, which are part of the Praça da Liberdade Cultural Circuit, in Belo Horizonte, Brazil.
SuperUber participates in exhibitions at the main cultural venues in Brazil, as well as in the US, India and Europe. In August 2009 SuperUber showed its first solo exhibition, "Pixel Park: SuperUber Art and Technology", and in november 2010 SuperUber represented Brazil at the World Creativity Biennial (US).


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Roger Garage
19518 N 3rd St Citronelle, Alabama 36522(251) 866-5536
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AboutRoger Garage is located at the address 19518 N 3rd St in Citronelle, Alabama 36522. They can be contacted via phone at (251) 866-5536 for pricing, hours and directions.
Roger Garage has an annual sales volume of 0 - 500K. .For more information contact Robert Rogers, Owner
For maps and directions to Roger Garage view the map to the right. For reviews of Roger Garage see below.
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2835 Garden Walk, Conway, AR 72034
- $159,900
- 87 Days on site
- Est: $592/month
Estimate Your Monthly Payment
Data provided by Informa Research Services. Payments do not include amounts for taxes and insurance premiums. The actual payment obligation will be greater if taxes and insurance are included. Click here for more information on rates and product details.
- Mortgage Center
- Beds: 3
- Baths: 2 Full
- Single Family Home
- 1,601 sq ft
For more information, contact The Tobey Team at (501) 358-0023. Visit http://www. crye-leike. com/littlerock/16026755 to view more pictures of this property. Awesome affordable home in popular Southwind Subd. Home feels bright and clean with light neutral paint colors, white cabinets, light color carpet in bedrooms, and ceramic tile in bathrooms. Rich hardwood floors compliment the cabinetry in a kitchen offering a large breakfast bar & tons of counter space and storage. Over sized master suite with private patio access. The covered patio has white vinyl fencing which will be great area for children & pets. Green space behind backyard offers optimal privacy. Click here to learn more about this listing.
- Single Family Home
- Beds: 3
- Baths: 2 Full
Listing Details
- Lot Size
- Approximately 9583 Square Feet
- Parking
- Garage
- Assessed Taxable Amount
- $29,680
- Tax Amount
- $1,151
- Last Transaction Date
- 06/27/2012
- Last Transaction Purchase Price
- $151,000
- Property Type
- Single Family Residence
- Bathrooms
- 2
- Floors
- 1
- Home Size (Sqft)
- 1,601
- Year Built
- 2000
- Units
- 1
- Parking
- Garage
- Heating System
- Central
- Cooling System
- Central Air
- Exterior Type
- Brick/Stone
- Foundation Type
- Slab
- Roof Type
- Fiberglass
Public Facts: As provided by County Assessor and Recorder offices. May not reflect recent additions or improvements. If you see any errors, the best way to get the records updated is to contact your local county records office. If any of the information in this section conflicts with property information provided by a listing agent or broker, agent-provided information should be deemed more reliable.
Local Info
| Median Household Income
| Median Years In Residence
| Median Homeowner Age
| Households with Children
| Percent of Homes Rented
Nearby Elementary Schools
- Ellen Smith Elementary School
- 1601 S Donaghey Ave
- Marguerite Vann Elementary School
- 2845 Carl Stuart St
- Carl Stuart Middle School
- 2745 Carl Stuart St
Nearby Primary Schools
- Sallie Cone Preschool
- 1629 South Blvd
Nearby Middle Schools
- Carl Stuart Middle School
- 2745 Carl Stuart St
- Conway Junior High School
- 1815 Prince St
- St Joseph School
- 502 Front St
Nearby High Schools
- Conway High West
- 2300 Prince St
- Conway Area Career Center
- 2300 Prince St
- Conway Vocational Center
- 2300 Prince St
These are the closest schools to your requested location. Proximity does not guarantee enrollment eligibility. Please consult your real estate agent or school district to confirm the schools you are zoned to attend.
Mortgage Rates
Data provided by Informa Research Services. Payments do not include amounts for taxes and insurance premiums. The actual payment obligation will be greater if taxes and insurance are included. Click here for more information on rates and product details.
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text: I work in this little town just south of downtown Boston and if you are looking for a good meal you've come to the right place. Braintree House of pizza is killer man. Great dishes. The Fish & Chips are out of bounds. I've had the steak tip salad, you certainly can't go wrong here. no matter what your dinning... More


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June 9, 2010
PRISON LEGAL NEWS, PLAINTIFF-APPELLEE,v.ARNOLD SCHWARZENEGGER, GOVERNOR OF THE STATE OF CALIFORNIA; JAMES E. TILTON, SECRETARY; KINGSTON PRUNTY; STEVE KESSLER; SCOTT KERNAN; LE ANN CHRONES; MARISELA MONTES, DEFENDANTS-APPELLANTS.
Appeal from the United States District Court for the Northern District of California Claudia Wilken, District Judge, Presiding D.C. No. 4:07-cv-02058-CW.
Argued and Submitted December 10, 2009 -- San Francisco, California.
Before: Diarmuid F. O'Scannlain, Robert E. Cowen,*fn1 and Johnnie B. Rawlinson, Circuit Judges.
We must decide whether, and to what extent, the publisher of a monthly prison news magazine may recover attorneys' fees from the State of California and various of its officers for monitoring their compliance with a settlement agreement resolving claims about prison conditions.
Prison Legal News ("PLN") is a nonprofit charitable organization based in Seattle, Washington. PLN publishes Prison Legal News, a monthly magazine containing news and analysis relating to the legal rights of prisoners. It also distributes prisoner-oriented books.
In September 2005, PLN contacted the California Department of Corrections and Rehabilitation ("CDCR") with concerns about the delivery of its materials to prisoners in the CDCR's custody. PLN complained that some CDCR institutions refused to deliver Prison Legal News to prisoners housed in particular units, while other CDCR institutions disallowed delivery of the magazine altogether on the ground that PLN was not an "approved vendor." PLN also complained about bans on its hardcover books. In PLN's view, these and other CDCR policies violated PLN's First Amendment right to free speech and Fourteenth Amendment right to due process of law.
On December 11, 2006, after a year of negotiation, PLN and the CDCR entered into "an agreement to settle specific claims . . . alleging that the CDCR, or CDCR employees, censored PLN publications." The agreement was signed on behalf of the CDCR by James E. Tilton, Secretary of the CDCR, and Michael W. Jorgenson, Deputy Attorney General of the State of California. The parties agreed, among other things, that "[t]he practice by CDCR adult institutions of requiring publishers such as PLN to obtain approved vendor status shall cease"; that "[t]he practice by CDCR adult institutions of banning hardcover publications shall cease"; that "when CDCR adult institutions disallow books, magazines, newspapers, or periodicals, the adult institutions shall notify the inmate that it is disallowed and will notify the publisher in compliance with due process requirements"; and that "CDCR will develop a centralized list of disapproved magazines or publications that are prohibited as offensive, threatening, contain security concerns, or obscene."
The CDCR also agreed to pay PLN $65,100 for "alleged violations of constitutional and statutory rights under federal and state law," and to pay PLN's counsel "reasonable attorneys' fees, costs and expenses until the time that this Settlement Agreement is signed by the parties." In addition, paragraph 7(b) of the agreement provided:
PLN and its attorneys expressly reserve their rights to pursue claims for attorneys' fees, costs and expenses for work performed after the time the Settlement Agreement is signed by all parties, including for work spent on substantive issues related to this Agreement and/or work spent securing their fees for fees and collecting any and all fees, costs and expenses that are due to them. The CDCR expressly reserves its right to oppose any such claim.
Finally, the parties agreed that PLN would file a complaint in federal district court within 150 days of the signing of the agreement, alleging the claims that the agreement "resolved." The parties stipulated that the agreement "shall accompany the complaint," and that following dismissal of PLN's claims, "the Court will retain jurisdiction to enforce the Settlement Agreement . . . and to determine, if necessary, reasonable attorneys' fees, costs and expenses."
As contemplated by the settlement agreement, PLN filed a complaint in April 2007 against Governor Arnold Schwarzenegger and various officers of the CDCR (collectively, "the state officials") in their individual and official capacities, seeking monetary, injunctive, and declaratory relief under 42 U.S.C. § 1983 for violations of the First and Fourteenth Amendments. Soon thereafter, the parties informed the district court that they had "negotiated resolution of claims asserted in the complaint," requested that the complaint be dismissed without prejudice, and stipulated that PLN was entitled to $320,000 in attorneys' fees and costs for work done through December 11, 2006-the date of the settlement.
The district court granted the parties' request for dismissal without prejudice, and entered an order "retain[ing] jurisdiction to enforce the Settlement Agreement between the Parties including, without limitation, disputes over Defendants' compliance with the terms of the Agreement and disputes over the amounts of attorneys' fees, costs and expenses to be paid to Plaintiff's attorneys." The court also confirmed the award of $320,000 in attorneys' fees and costs to PLN for the period leading up to the settlement.
In October 2007, PLN moved for attorneys' fees and costs incurred from December 12, 2006, through August 31, 2007. Concluding that PLN was "entitled to attorneys' fees for work performed after the settlement agreement was signed," Prison Legal News v. Schwarzenegger, 561 F. Supp. 2d 1095, 1100 (N.D. Cal. 2008), the district court ordered the state officials to pay PLN an additional $137,672.79 in fees and costs for the period in question, id. at 1107. Although the state officials had opposed PLN's motion, they did not appeal the court's order, which effectively brought the total fees and costs to nearly $458,000 as of that point.
In October 2008, PLN filed a second motion for attorneys' fees and costs, requesting a further $143,322.96 for the period between September 1, 2007, and October 15, 2008. Attorneys' fees constituted $141,402.00 of the requested amount. PLN arrived at that figure by multiplying the number of claimed attorney-work hours by the 2008 hourly rates of the attorneys who performed the work. In the relevant period, PLN's attorneys claimed 162.7 hours of "merits" work-i.e., work ensuring compliance with the settlement agreement- and 223.7 hours of "fees" work-i.e., work securing fees, including fees requested in PLN's first motion. The 2008 hourly rates of the attorneys who performed the work were $740 for a law firm partner who graduated from law school in 1962; $370 for a law firm associate who graduated in 2001; $340 for a law firm associate who graduated in 2003; and $170 for a law firm paralegal.
The state officials opposed PLN's second motion for attorneys' fees and costs, arguing that the hours claimed and the rates billed were unreasonable. The state officials further argued that they had met all of their obligations under the settlement agreement. They thus urged the district court to terminate its jurisdiction over the agreement and to refuse to entertain any additional fee requests by PLN.
In December 2008, the district court granted in part PLN's second motion. The court determined that the rates billed by PLN's attorneys were reasonable, and that the hours claimed were reasonable as well, with the exception of 23.75 hours of "merits" work "related to censorship issues outside the scope of the settlement agreement." After reducing the fee request accordingly, the court awarded PLN $137,502.46 in attorneys' fees and costs-$48,562.17 in fees and costs for "merits" work, and $88,940.29 in fees and costs for "fees" work- bringing the cumulative total to about $595,000. The court then "decline[d] [the state officials'] request to conclude that CDCR has completed all of its obligations under the settlement agreement and that no more fees applications may be submitted by [PLN]." The court stated that the state officials "shall continue to follow the terms of the settlement and [PLN]'s counsel may incur reasonable fees ensuring that they do."
The state officials appeal the district court's ruling on PLN's second motion for attorneys' fees and costs. Until now, they have largely acquiesced in PLN's efforts to obtain reimbursement. It was, after all, they who entered into a generously worded settlement agreement with PLN; they who acceded to the district court's retention of jurisdiction, including over fee disputes; they who stipulated to an award of $320,000 in fees and costs for work leading up to the settlement; and they who declined to appeal the additional award of nearly $138,000 upon PLN's initial fee request. All told, including the amount at issue here, the state officials have incurred over half a million dollars in fees and costs for PLN's attorneys. The narrow question before us now is whether they can be heard to complain about the latest bill for $137,502.46.
The state officials first contend that PLN is not eligible to recover attorneys' fees for the type of "merits" work claimed in PLN's motion-namely, work monitoring the state officials' compliance with the agreement.
[1] Title 42 U.S.C. § 1988 provides that in an action, such as this one, brought under § 1983, "the court, in its discretion, may allow the prevailing party . . . a reasonable attorney's fee as part of the costs." In Buckhannon Board & Care Home, Inc. v. West Virginia Department of Health & Human Resources, 532 U.S. 598 (2001), the Supreme Court construed the term "prevailing party" to refer to a party that obtains a judicially sanctioned "material alteration of the legal relationship of the parties." Id. at 604 (internal quotation marks omitted).*fn2 In light of Buckhannon, we have held that a plaintiff who obtains a legally enforceable settlement agreement qualifies as a "prevailing party," at least when the district court retains jurisdiction to enforce the agreement. Richard S. v. Dep't of Dev. Servs., 317 F.3d 1080, 1088 (9th Cir. 2003). Given that the district court has retained jurisdiction to enforce the parties' settlement agreement here, we have no trouble concluding that PLN is a "prevailing party" within the meaning of § 1988. The question remains, however, whether such status renders PLN statutorily eligible to recover attorneys' fees for monitoring the state officials' post-settlement compliance.
[2] In Keith v. Volpe, 833 F.2d 850 (9th Cir. 1987), we held that a party that prevails by obtaining a consent decree may recover attorneys' fees under § 1988 for monitoring compliance with the decree, even when such monitoring does not result in any judicially sanctioned relief. Id. at 855-57. Although this case involves a settlement agreement, not a consent decree, the difference is immaterial. In both contexts, monitoring serves the same purpose: causing defendants to fulfill their obligations "more speedily and reliably." Id. at 857 (internal quotation marks omitted). Thus, to the extent Keith remains good law, we must conclude that § 1988 authorizes PLN to recover attorneys' fees for monitoring the state officials' compliance with the parties' settlement agreement.
According to the Seventh Circuit in Alliance To End Repression v. City of Chicago, 356 F.3d 767 (7th Cir. 2004), however, Keith does not survive the Supreme Court's decision in Buckhannon. Id. at 772. In clarifying the meaning of the term "prevailing party," the Court in Buckhannon rejected the so-called catalyst theory of fee-shifting-the theory that a party prevails insofar as its efforts bring about some desired change, even if the change is not judicially sanctioned. 532 U.S. at 606. The Seventh Circuit reads Buckhannon's rejection of the catalyst theory to mean that where, as here, monitoring has the effect only of bringing about the defendant's compliance, it is not compensable under § 1988. Alliance, 356 F.3d at 771. In the Seventh Circuit's view, only monitoring that produces a court-issued judgment or order is compensable after Buckhannon. Id. The suggestion is that Buckhannon compels us to overrule Keith, which reached a contrary holding. We disagree.
[3] A three-judge panel may reject prior circuit precedent in light of an intervening Supreme Court decision only when the Court's intervening decision has "undercut the theory or reasoning underlying the prior circuit precedent in such a way that the cases are clearly irreconcilable." Miller v. Gammie, 335 F.3d 889, 900 (9th Cir. 2003) (en banc). In concluding that monitoring is compensable under § 1988 even when it does not lead to a judgment or order, Keith relied on Pennsylvania v. Delaware Valley Citizens' Council for Clean Air, 478 U.S. 546 (1986), a Supreme Court decision that predates Buckhannon. See Keith, 833 F.2d at 855-56. In Delaware Valley, the Court considered whether a plaintiff could recover attorneys' fees under section 304(d) of the Clean Air Act for post-judgment monitoring of a consent decree. 478 U.S. at 557-58. The Court noted that the availability of such fees under § 1988 was widely recognized, citing circuit cases permitting their recovery even when the monitoring in question did not result in a judgment or order. Id. at 559. The Court explained that "[g]iven the common purpose of both § 304(d) and § 1988 to promote citizen enforcement of important federal policies," there was "no reason not to interpret both provisions governing attorney's fees in the same manner." Id. at 560. It then affirmed the award of fees for monitoring, without considering whether the plaintiff's monitoring led to any judicially sanctioned relief. Id. at 561.
In Buckhannon, the Court did not mention, much less overrule, Delaware Valley. Given that Delaware Valley survives Buckhannon, and that Keith applies the reasoning of Delaware Valley, we cannot say that the reasoning of Keith is so "clearly irreconcilable" with Buckhannon that we must reject Keith "as having been effectively overruled." Miller, 335 F.3d at 893; accord Johnson v. City of Tulsa, 489 F.3d 1089, 1108 (10th Cir. 2007) ("In light of Delaware Valley and this circuit's precedents, we cannot accept the proposition that [in the aftermath of Buckhannon,] attorney fees for post-decree efforts are compensable only if they result in a judicially sanctioned change in the parties' legal relationship."). We remain bound by Keith, notwithstanding the Supreme Court's intervening decision in Buckhannon. See S.F. NAACP v. S.F. Unified Sch. Dist., 284 F.3d 1163, 1166 (9th Cir. 2002) (reaffirming in dicta the holding of Keith post-Buckhannon). We therefore hold that PLN may recover attorneys' fees under § 1988 for monitoring the state officials' compliance with the parties' settlement agreement.
[4] The state officials maintain that there is "no language" in the settlement agreement that allows PLN's counsel to monitor their activities and then submit bills for that work.*fn3
Paragraph 7(b) of the agreement, however, provides that "PLN and its attorneys expressly reserve their rights to pursue claims for attorneys' fees, costs and expenses for work performed after the time the Settlement Agreement is signed by all parties, including for work spent on substantive issues related to this Agreement." The work of PLN's attorneys monitoring the state officials' compliance was not only "per-formed after the time the Settlement Agreement [was] signed," but also "spent on substantive issues related to [the] Agreement." There can thus be no question that PLN's pursuit of fees for that work under § 1988 is consistent with the terms of the agreement.
We next address whether the district court awarded a "reasonable attorney's fee" under § 1988. 42 U.S.C. § 1988(b). We review the district court's award for abuse of discretion. Corder v. Gates, 947 F.2d 374, 377 (9th Cir. 1991).
The state officials first challenge the number of hours included in the district court's fee award. They assert that the district court should not have approved attorneys' fees for 31.5 hours of "merits" work that they characterize as "correspondence with inmates" unrelated to the settlement.*fn4
[5] "The district court has a great deal of discretion in determining the reasonableness of the fee and, as a general rule, we defer to its determination, including its decision regarding the reasonableness of the hours claimed by the prevailing party." Gates v. Deukmejian, 987 F.2d 1392, 1398 (9th Cir. 1993). "This is appropriate in view of the district court's superior understanding of the litigation and the desirability of avoiding frequent appellate review of what essentially are factual matters." Hensley v. Eckerhart, 461 U.S. 424, 437 (1983).
The 31.5 hours at issue here involved reviewing and responding to letters from inmates in CDCR institutions complaining about access to published materials. Representative billing entries include time spent screening inmate mail for "urgent case issues"; reviewing inmate letters regarding the "banning of hardback books" and "problems receiving recent issues of PLN"; and writing to inmates about "settlement compliance." Noting that "prisoners themselves are often in the best position to observe whether the settlement agreement is being enforced," the district court determined that the 31.5 hours in question were reasonably expended on monitoring the state officials' compliance with the agreement and therefore were compensable.
[6] The district court's determination was not an abuse of discretion. It was reasonable for the district court to conclude that the 31.5 hours spent corresponding with inmates was part of PLN's efforts to monitor the state officials' compliance with the agreement. Without such correspondence, it would be difficult for PLN to discover or to document violations of the terms of the settlement. Given that PLN may recover attorneys' fees for monitoring the state officials' compliance, we hold that the district court did not abuse its discretion by awarding fees for the 31.5 hours of "correspondence with inmates" disputed here.
The state officials also challenge the hourly rates approved by the district court in awarding fees. They argue that the district court abused its discretion in several ways by relying on the 2008 hourly rates of PLN's San Francisco-based attorneys.
[7] First, the state officials argue that the district court should not have awarded fees at 2008 rates for 187.3 hours of work performed by PLN's attorneys in 2007. The district court approved 2008 rates for work performed in 2007 in order to compensate for the delay in the payment of fees for that work. The state officials contend that the court instead should have awarded interest. We have said, however, that a "district court's determination to adjust to current rates rather than to make an interest adjustment squarely [is] within the bounds of its discretion." Deukmejian, 987 F.2d at 1407; see also Welch v. Metro. Life Ins. Co., 480 F.3d 942, 947 (9th Cir. 2007). Accordingly, the district court did not abuse its discretion by applying 2008 rates to work performed in 2007.
[8] Second, the state officials contend that the district court should have applied the so-called Laffey matrix to arrive at the appropriate hourly rates. Approved originally in Laffey v. Northwest Airlines, Inc., 572 F. Supp. 354 (D.D.C. 1983), aff'd in part, rev'd in part on other grounds, 746 F.2d 4 (D.C. Cir. 1984), the Laffey matrix is an inflation-adjusted grid of hourly rates for lawyers of varying levels of experience in Washington, D.C. Id. at 371-75; see Salazar v. District of Columbia, 123 F. Supp. 2d 8, 13 (D.D.C. 2000). The state officials argue that the district court should have increased the rates in the matrix by nine percent to account for the higher cost of living in San Francisco, and then based its fee award on the resulting rates. But just because the Laffey matrix has been accepted in the District of Columbia does not mean that it is a sound basis for determining rates elsewhere, let alone in a legal market 3,000 miles away. It is questionable whether the matrix is a reliable measure of rates even in Alexandria, Virginia, just across the river from the nation's capital. Robinson v. Equifax Info. Servs., LLC, 560 F.3d 235, 245 (4th Cir. 2009); see also Grissom v. Mills Corp., 549 F.3d 313, 323 (4th Cir. 2008) (noting that the plaintiff provided "no evidence" that the Laffey matrix was "a reliable indicator of the hourly rates of litigation attorneys in Reston, Virginia, a suburb of Washington, D.C."). We thus cannot fault the district court for declining to use the Laffey matrix.
Third, the state officials argue that the 2008 hourly rates of PLN's attorneys are inconsistent with rates prevailing in the relevant legal community. Noting that a suit by a prisoner challenging the same CDCR policies would have been subject to the Prison Litigation Reform Act ("PLRA"), 42 U.S.C. § 1997e(d)(3)-which would have capped at around $170 the hourly rate for calculating attorneys' fees-the state officials argue that the "relevant community in this case is more in line with PLRA civil rights cases than with a firm practicing securities litigation." Accordingly, the state officials urge us to compare the rates billed by PLN's attorneys to the rates billed by other civil rights attorneys involved in prison litigation.*fn5
[9] The rates billed by PLN's attorneys are extremely high, of course, as compared to prevailing rates under the PLRA. But the state officials, in the settlement agreement, invited this § 1983 suit by a plaintiff who is not a prisoner, which means the PLRA's limits do not apply. Id. § 1997e(d)(1). And given the record before us, we cannot say that the rates billed by PLN's attorneys are out of step with the rates charged by others in the relevant legal community. "Generally, when determining a reasonable hourly rate, the relevant community is the forum in which the district court sits." Camacho v. Bridgeport Fin., Inc., 523 F.3d 973, 979 (9th Cir. 2008). Here, the forum is the Northern District of California. The rates prevailing in that district for "similar services by lawyers of reasonably comparable skill, experience, and reputation" thus furnish the proper measure of the reasonableness of the rates billed by PLN's attorneys. Blum v. Stenson, 465 U.S. 886, 895 n.11 (1984). Although the state officials urge us to look only to the rates charged by other attorneys involved in prison litigation, the proper scope of comparison is not so limited, but rather extends to all attorneys in the relevant community engaged in "equally complex Federal litigation," no matter the subject matter. Id. at 893 (internal quotation marks omitted).
In support of its second motion for attorneys' fees and costs, PLN submitted the declaration of one of its own attorneys as well as that of an attorneys' fee expert compiling the hourly rates charged by various San Francisco-area law firms. These supporting documents show that the 2008 hourly rates billed by PLN's attorneys fall within the range of rates charged by other attorneys involved in federal civil litigation in the Northern District of California during the same period. At one firm, for example, a partner with twenty-three years' experience charged $700 per hour, an associate with five years' experience charged $325 per hour, and paralegals charged up to $190 per hour. At another firm, partners billed an hourly rate of up to $875, and associates billed an average hourly rate of $403. At yet another firm-a disability rights advocacy firm-the co-director of litigation, a 1961 law school graduate, charged $745 per hour, while a staff attorney, a 2003 law school graduate, charged $425 per hour. Although the record could be clearer on how the work of these firms compares to the post-settlement work performed here, we cannot say that the district court abused its discretion by awarding fees at the 2008 hourly rates billed by PLN's attorneys, which are not so out of line as to be unreasonable. We therefore affirm the district court's award of $137,502.46 in attorneys' fees and costs to PLN.
Finally, the state officials argue that the district court erred by retaining jurisdiction to enforce the settlement agreement. They maintain that they have completed all of their obligations under the terms of the settlement. They contend that because there is nothing further they must do, the district court should have terminated its jurisdiction, thereby foreclosing any future requests for attorneys' fees in federal court.
[10] The state officials are correct that the district court's jurisdiction over the agreement must eventually end; PLN may not pursue reimbursement of attorneys' fees in federal court indefinitely. Whether the time has come for the district court to terminate its jurisdiction, however, cannot be discerned from the record before us. The record is silent with respect to many of the state officials' obligations under the agreement and the extent to which they have been fulfilled. At this juncture, therefore, we are unable to conduct any meaningful review of the district court's refusal to terminate jurisdiction over the agreement. Accordingly, we vacate the district court's decision not to terminate jurisdiction, and remand the case with instructions that the parties be permitted to develop a record of what, if any, obligations under the agreement the state officials have not yet completed. Once the record has been developed more fully, the state officials may move, if they wish, for termination of the district court's jurisdiction.
For the foregoing reasons, the judgment of the district court is AFFIRMED in part and VACATED in part, and the case is REMANDED for further proceedings consistent with this opinion. The state officials shall bear PLN's costs for this appeal.
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