White

White v. Capital One

Good Law
United States District Court, Eastern District of CaliforniaOctober 23, 20241:24-cv-00633California4,309 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DOLORES WHITE, Case No. 1:24-CV-00633-KES-SKO Plaintiff, ORDER GRANTING DEFENDANTS’

PARTIAL MOTION TO DISMISS

v. (Doc. 5) CAPITAL ONE, National Association; MARY DICKSON, an individual; and DOES 1 through 50, inclusive, Defendants.

18 Defendants Capital One and Mary Dickins (sued as “Mary Dickson”) (collectively “defendants”) filed this motion to dismiss on June 5, 2024, seeking to dismiss plaintiff Dolores White’s first, second, fourth, seventh, and eighth causes of action as insufficiently pled pursuant to Federal Rule of Civil Procedure 12(b)(6). Doc. 5. White filed her opposition, and Capital One replied. Docs. 7, 8. The Court heard oral argument on August 5, 2024.

The complaint sues “Mary Dickson” as the individual defendant. Doc. 7-1. In her motion to dismiss, the individual defendant indicates her name is “Mary Dickins” and that she was 26 erroneously named in the complaint as “Mary Dickson.” See Doc. 5 at 2. This…

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