(PS) Zito Family Trust v. John Hancock Financial Services, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ZITO FAMILY TRUST; THOMAS J. No. 2:21-cv-2098 JAM DB PS
ZITO, SOLE TRUSTEE,
12 Plaintiffs, ORDER v.
JOHN HANCOCK FINANCIAL
SERVICES, INC., et al., Defendants, 17 Plaintiff Thomas Zito is proceeding in this action pro se. This matter was referred to the undersigned in accordance with Local Rule 302(c)(21) and 28 U.S.C. § 636(b)(1). Pending before the undersigned are defendants’ motion to dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure and motions to strike. (ECF Nos. 7, 13, & 22.) For the reasons stated below, defendants’ motion to dismiss is granted, plaintiff is granted leave to file an amended complaint, and defendants’ motions to strike are denied. BACKGROUND Plaintiff, proceeding pro se, commenced this action on September 30, 2021, by filing a complaint in the Sacramento County Superior Court. (ECF No. 1 at 8.1) The complaint alleges 27 1 Page number citations such as this…