Hoard
Hoard v. Capital One, N.A.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 AZLYNNE HOARD, individually and on Case No. 24-cv-1133-MMA-VET behalf of herself and all others similarly 12 situated, ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S Plaintiff,
MOTION TO DISMISS
14 v. [Doc. No. 10]
CAPITAL ONE, N.A.,
16 Defendant. 17 18 19 20 21 22 23 24
26 On July 19, 2024, Defendant Capital One, N.A. filed a motion to dismiss Plaintiff 27 Azlynne Hoard’s complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). Doc. 28 No. 10. Plaintiff filed a response in opposition on August 12, 2024, and Defendant filed a reply on August 19, 2024. Doc Nos. 11, 12. The Court found the matter suitable for determination on the papers and without oral argument pursuant to Federal Rule of Civil Procedure 78(b) and Civil Local Rule 7.1.d.1. See Doc. No. 13. For the reasons below, the Court GRANTS IN PART and DENIES IN PART Defendant’s motion. I. BACKGROUND1 Defendant is a…