(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 plaintiff’s motion for further leave to amend and defendant’s motion to dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. (ECF Nos. 30 & 31.) For the reasons stated below, defendant’s motion to dismiss will be granted and plaintiff will be granted further leave to amend. 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) On November 12, 2021, 27 1 Page number citations such as this one are to the page…