Moen

Moen v. Moen

Good Law
United States District Court, Northern District of CaliforniaSeptember 15, 20234:23-cv-00444California934 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 CARLOS DAVID MOEN, Case No. 23-cv-00444-DMR

Plaintiff, ORDER ON DEFENDANTS' MOTION v. TO DISMISS

MARTHA MOEN, et al., Re: Dkt. No. 13 Defendants.

Defendants Martha Moen and Rebecca Verdier move to dismiss self-represented Plaintiff Carlos David Moen’s complaint pursuant to Federal Rule of Civil Procedure 12(b)(1) for lack of subject matter jurisdiction. [Docket No. 13.] This matter is suitable for resolution without a hearing. Civ. L.R. 7-1(b). For the following reasons, the motion is granted. Plaintiff’s complaint is dismissed with prejudice. I. BACKGROUND AND PROCEDURAL HISTORY Plaintiff filed the complaint on January 31, 2023. Plaintiff alleges that Defendants “are trustees to the estate of Earle and Olga Moen,” and that the “restatement trust” provides that “the 2 trustees and 1 beneficiary (Carlos Moen) are to be paid 1/3 equal share of the assets.” Compl. 4. He further alleges that…

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