(PS)Jones
(PS)Jones v. Velocity Technology Solutions
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GARRISON JONES, Case No. 2:21-cv-01772-TLN-JDP (PS) Plaintiff, FINDINGS AND RECOMMENDATIONS
THAT DEFENDANTS’ MOTION TO
v. DISMISS BE GRANTED VELOCITY TECHNOLOGY ECF No. 6 SOLUTIONS, et al., OBJECTIONS DUE WITHIN FOURTEEN Defendants. DAYS
17 Plaintiff brings this action against defendants Velocity Technology Solutions, Inc. and Navisite LLC, purporting to assert claims under criminal provisions of both Title 18 of the U.S. Code and California’s Penal Code. Defendants move to dismiss the complaint under Rules 12(b)(6) and 41(b). I recommend that defendants’ motion be granted. Legal Standard “Dismissal under Rule 12(b)(6) is proper when the complaint either (1) lacks a cognizable legal theory or (2) fails to allege sufficient facts to support a cognizable legal theory.” Somers v. Apple, Inc., 729 F.3d 953, 959 (9th Cir. 2013). Rule 8 of the…