I will be a little harder to track down this semester than last. I have not yet established formal office hours for this semester, but I will do so in about ten days. You may wish to e-mail me, or to call, to set up an appointment. This is similar to the circumstances under which the Molasky claim was dismissed. But that seems unlikely.
Claims brought under the federal Securities Act now have a heightened pleading standard.
Claims which allege fraud, as does the California tort claim, also require heightened pleading under 9b. Of course that raises the question of whether the federal role of heightened pleading applies to a state cause of action. Jones has merely alleged that Smith and Goldmines made knowingly false representatives about prospecting in South America. I cannot think of any reason why Smith or Goldmines would have different reasons for making the motions, as the complaint alleges, and the same thing against each, and they seem to have been acting in tandem. Smith and Goldmines probably hope to show that Geologica is a necessary party, but this is a weak argument.