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Pena v. Cara Brooks Corporation Defined Benefit Pension Plan

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


July 7, 2010

CATALINA PENA, PLAINTIFF,
v.
CARA BROOKS CORPORATION DEFINED BENEFIT PENSION PLAN, ET AL. DEFENDANTS.

The opinion of the court was delivered by: Honorable Barry Ted Moskowitz United States District Judge

ORDER DENYING MOTION TO DISMISS

Defendant Jasmine Moore has filed a motion to dismiss the claims against her [Doc. 99]. She is pro se and fails to argue why the Second Amended Complaint does not state a claim. Although she says that she has "no relationship to this matter," Plaintiffs allege she received some of the money from the allegedly fraudulent loan at issue here. On a motion to dismiss, the Court must take the Plaintiffs allegations as true. See Parks Sch. of Bus., Inc. v. Symington, 51 F.3d 1480, 1484 (9th Cir. 1995). The Court therefore declines to dismiss the claims for an accounting, conversion and violation of the California Business & Professions Code against her.

Moore's arguments are better suited for a motion for summary judgment, not a motion to dismiss. Her motion is DENIED.

IT IS SO ORDERED.

20100707

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