Erhart

Erhart v. BofI Holding, Inc.

Caution
269 F. Supp. 3d 1059
United States District Court, Southern District of CaliforniaSeptember 11, 2017Case No. 15-cv-02287-BAS-NLS Consolidated with 15-cv-02353-BAS-NLSCalifornia12,711 words

Opinion

Lead Opinion

Honbashant, J.

ORDER GRANTING IN PART AND DENYING IN PART MOTION TO DISMISS AND STRIKE ALLEGATIONS FROM FIRST AMENDED COMPLAINT

[ECF No. 35]

Plaintiff Charles Matthew Erhart commenced this whistleblower retaliation action against Defendant BofI Holding,' Inc. alleging violations of the Sarbanes-Oxley Act of 2002, the Dodd-Frank Wall Street Reform and Consumer Protection Act, and California state law. 1 In a consolidated countersuit, BofI claims Erhart, a former internal auditor, violated California state law and the Computer Fraud and Abuse Act by disseminating Bofl’s confidential information to The New York Times— causing its stock price to plummet—and by deleting hundreds of flies from his company-issued laptop.

Previously, the Court dismissed Erhart’s federal whistleblower retaliation claims with leave to amend. (ECF No. 31.) Erhart filed a First Amended Complaint, and BofI now moves to again dismiss Erhart’s federal whistleblower retaliation claims, as well as several of his state law causes of action. (ECF No. 35.) In addition, BofI seeks to strike numerous allegations from the First Amended Complaint. (Id.) Er-hart opposes. (ECF No, 36.)

The Court finds Bofl’s motion suitable for…

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