Mueller

Mueller v. San Diego Entertainment Partners, LLC

Good Law
260 F. Supp. 3d 1283
United States District Court, Southern District of CaliforniaMay 22, 2017CASE NO. 16cv2997-GPC(NLS)California6,066 words

Opinion

Lead Opinion

Honcuriel, J.

ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS WITH LEAVE TO AMEND

[Dkt. No. 10.]

Before the Court is Defendants’ motion to dismiss pursuant to Federal Rule of Civil' Procedure (“Rule”) 12(b)(6). (Dkt. No. 10.) An opposition as well as a reply were filed. (Dkt. Nos. 12,13.) Based on the reasoning below, the Court GRANTS Defendants’ motion to dismiss with leave to amend. . .

Background

On December 9, 2016, Plaintiff Matthias Mueller (“Plaintiff!’,)' filed a complaint against Defendants San Diego Entertainment Partners, LLC (“SDEP”) and Dave Dean (“Dean”) (collectively “Defendants”) for violations of § 10b and Rule 10b-5 of the Securities and Exchange Act of 1984, fraudulent inducement, negligent misrepresentation, California securities fraud, rescission pursuant to California Corporations Code section 25501 and violation of California’s Business & Professions Code section 17200 et seq, (Dkt. No. 1, Compl.)

According to the Complaint, Defendant SDEP was organized to acquire, develop and operate a nightclub called “Avalon San Diego”, similar, to Avalon Hollywood, at a building located at 4th Avenue and B Street in San Diego, CA, (Id. ¶¶ 6, 10.) Defendant Dean is one of the two…

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