Safapou
Safapou v. Rushmore Loan Management, LLC
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 CHERIE SAFAPOU, Case No.19-cv-04623-JSC
Plaintiff,
ORDER GRANTING MOTION TO
v. DISMISS
RUSHMORE LOAN MANAGEMENT, Re: Dkt. No. 6 LLC, et al., 11 Defendants.
12 Now pending before the Court is Defendants’ motion to dismiss the fifth through ninth claims for relief. (Dkt. No. 6.) For the reasons stated at oral argument on September 26, 2019, and as set forth below, Defendants’ motion is GRANTED with leave to amend. 1. The intentional and negligent misrepresentation claims are dismissed with leave to amend. The complaint alleges that Plaintiff was fraudulently induced to make the April 2016 loan payment and to pay the Corporate Advances. However, the complaint does not adequately identify the alleged misrepresentations that induced Plaintiff, who made the representations, when they were made, what was untrue, and how Rushmore knew the representations were untrue. As a result, the complaint…