Rodriguez

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 DEBORAH RODRIGUEZ, Case No. 23-cv-05053-PCP

Plaintiff,

ORDER GRANTING IN PART AND

v. DENYING IN PART DEFENDANTS’

MOTION TO DISMISS

INTUIT INC., et al., Re: Dkt. No. 33 Defendants.

12 Deborah Rodriguez brings this putative class action under the Employee Retirement Income Security Act (ERISA) against both her former employer, Intuit Inc., and the Employee Benefits Administrative Committee of the Intuit Inc. 401(k) Plan (“Committee”). She alleges that Intuit used forfeited nonvested accounts to reduce its own matching contributions to its employee pension benefits plan in contravention of the terms of the plan and in violation of its fiduciary obligations under federal law. The defendants move to dismiss Ms. Rodriguez’s claims under Rule 12(b)(6), contending that the complaint fails to state any valid causes of action. For the following reasons, the defendants’ motion is granted as to Count VI (for failure to monitor fiduciaries) and…