McFarland
McFarland v. General Electric Capital Corp. (In re International Manufacturing Group, Inc.)
Opinion
Lead Opinion
Bardwil, J.
MEMORANDUM DECISION
This is the motion of defendant General Electric Capital Corporation (“GECC”) to dismiss the complaint of the plaintiff, Beverly McFarland, who is also the trustee in the chapter 11 case in which this adversary proceeding is pending (the “trustee”), pursuant to Fed.R.Civ.P. 9(b) and 12(b)(1), made applicable in this proceeding by Fed. R. Bankr.P. 7009 and 7012(b), for failure to plead fraud with particularity and failure to state a claim upon which relief can be granted. The plaintiff has filed opposition, GECC has filed a reply, and the court has heard oral argument. For the following reasons, the motion will be denied.
In ruling on a Rule 12(b)(6) motion, a court “aceept[s] as true all facts alleged in the complaint, and draw[s] .all reasonable inferences in favor of the plaintiff.” al-Kidd v. Ashcroft, 580 F.3d 949, 956 (9th Cir.2009), citing Newcal Indus., Inc. v. Ikon Office Solution, 513 F.3d 1038 , 1043 n.2 (9th Cir.2008). The court assesses whether the complaint contains “sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face.’” al-Kidd, 580 F.3d at 956 , citing Ashcroft v. Iqbal, 556 U.S. 662 , 129…