Safapou

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 CHERIE SAFAPOU, Case No.19-cv-04623-JSC

8 Plaintiff,

ORDER GRANTING MOTION TO

9 v. DISMISS

10 RUSHMORE LOAN MANAGEMENT, Re: Dkt. No. 6 LLC, et al., 11 Defendants.

12 13 Now pending before the Court is Defendants’ motion to dismiss the fifth through ninth 14 claims for relief. (Dkt. No. 6.) For the reasons stated at oral argument on September 26, 2019, 15 and as set forth below, Defendants’ motion is GRANTED with leave to amend. 16 1. The intentional and negligent misrepresentation claims are dismissed with leave to 17 amend. The complaint alleges that Plaintiff was fraudulently induced to make the 18 April 2016 loan payment and to pay the Corporate Advances. However, the complaint 19 does not adequately identify the alleged misrepresentations that induced Plaintiff, who 20 made the representations, when they were made, what was untrue, and how Rushmore 21 knew the representations were untrue. As a result, the complaint…