Miele

MEMORANDUM *

Patrick Miele appeals the district court’s dismissal of his diversity action against Ron Perlstein and Danco, Inc., pursuant to Federal Rule of Civil Procedure 12(b)(6). The district court dismissed—without oral explanation or written memorandum— Miele’s claims for breach of fiduciary duty, interference with prospective economic advantage, and violation of usury. We reverse and remand to the district court for further proceedings. It is unfortunate that the district court did not provide us with the benefit of its reasoning, which might well have proven illuminating, so we are guided only by the lenient standards of notice pleading to decide whether Miele’s complaint sufficiently alleged cognizable legal theories.

Miele has alleged sufficient facts in his Second Amended Complaint (“the complaint”) to withstand a motion to dismiss his claim against Perlstein for breach of fiduciary duty. At this stage of the proceedings, we are required to “accept as true all well-pleaded allegations of fact” and “construed them in the light most favorable to the plaintiff[ ].” See Zimmerman v. City of Oakland, 255 F.3d 734, 737 (9th Cir.2001). In essence, Miele alleges that…