UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
February 10, 2012
LUKE M. GIBSON, AND LISA A. IBSON, PLAINTIFFS,
BANK OF AMERICA, N.A; AND DOES INCLUSIVE,
The opinion of the court was delivered by: Honorable John A. Mendez U. S. District Court Judge
ORDER GRANTING IN PART, AND DENYING IN PART, BANK OF AMERICA'S MOTION TO DISMISS PLAINTIFFS' COMPLAINT Date: February 08, 2012 1-20, Time: 9:30 a.m. Ctrm: 6 Complt. Filed August 12, 2011
On February 08, 2012 the Motion of Defendants Bank of America, N.A. to dismiss the Complaint of plaintiffs Luke and Lisa Gibson ("Plaintiffs") came on for hearing before this Court. Having read and considered the pleadings in support of and opposition to the Motion and the arguments of counsel, this Court rules as follows:
1. Plaintiffs' Complaint fails to state claims for negligence, negligent infliction of emotional distress, violation of California's Business & Professions Code section 17200, invasion of privacy, and negligent hiring upon which relief may be granted against Defendant and, on that basis, Defendant's Motion is GRANTED. Fed. R. Civ. Proc. 12(b)(6). Plaintiffs have 20 days leave to amend the Complaint.
2. Plaintiffs' Complaint adequately states a claim for trespass, conversion and intentional infliction of emotional distress and, on that basis, Defendant's Motion is DENIED. Fed. R. Civ. Proc. 12(b)(6).
John A. Mendez
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