Del Rosario v. Yakte Properties, LLC

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 Imelda Del Rosario, No. Case 2:21-cv-01304-KJM-JDP Plaintiff, ORDER v. Yakte Properties, LLC, et al., 1S Defendants. 16 Plaintiff Imelda Del Rosario alleges the defendants in this case went back on promises, made misrepresentations, and violated California and federal law in connection with a notice of a 19 default and notice of trustee’s sale. See generally Compl., Notice of Removal Ex. A, ECF No. 1. Defendant Yakte Properties, LLC moves to dismiss the complaint for failure to state a claim under Rule 12(b)(6). See generally Mot., ECF No. 5; Mem., ECF No. 6. The motion is unopposed, and as explained in this order, it is granted with leave to amend. A motion to dismiss for failure to state a claim under Rule 12(b)(6) may be granted if the complaint’s allegations do not “plausibly give rise to an entitlement to relief.” Ashcroft v. Iqbal, 556 U.S. 662, 679 (2009). …