Howard H. Hazen v. Prudential Securities, Inc.

12 F.3d 1106 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Howard H. HAZEN, Plaintiff-Appellant, v. PRUDENTIAL SECURITIES, INC., Defendant-Appellee. No. 92-15882. United States Court of Appeals, Ninth Circuit. Submitted Oct. 8, 1993. * Decided Nov. 18, 1993. Before: THOMPSON and O'SCANNLAIN, Circuit Judges, and NIELSEN, District Judge. ** MEMORANDUM *** OVERVIEW In his complaint filed in the district court, Howard H. Hazen alleged that Prudential Securities, Inc. was negligent in transferring his security accounts, and breached its fiduciary duty by failing to keep him informed and divulging confidential information. The district court dismissed the complaint, pursuant to Federal Rule of Civil Procedure 12(b)(6) and denied Mr. Hazen's request to amend his complaint. We have jurisdiction under 28 U.S.C. Sec. 1291 . We affirm the district court's dismissal of the fiduciary claim, but reverse the dismissal of the negligence claim and remand for further proceedings. FACTUAL…